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ANDERSON v. COUNTY OF NASSAU

31 A.D.2d 761 (1969)

Michael Anderson, an Infant, by His Parent and Natural Guardian, Herman Anderson, et al., Respondents, v. County of Nassau, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 27, 1969

The findings of fact below have not been affirmed. In our opinion, the failure to serve a timely notice within the 90-day period prescribed by section 50-e of the General Municipal Law as a matter of law was not attributable to the infant's disability (see Matter of Weber v. New York City Tr. Auth., 28 A.D.2d 685; Matter of Shankman v. New York City Housing Auth., 21 A.D.2d 968, affd.

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