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CHAO v. WESTHILL CENT. SCH. DIST.

35 A.D.2d 1071 (1970)

Aristodemo Chao, Individually and as Parent and Natural Guardian of Mary E. Chao, an Infant, Appellant, v. Westhill Central School District et al., Respondents

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

December 10, 1970

Order insofar as appealed from unanimously reversed, with costs, and motion granted.

Memorandum:

In denying the infant's application for leave to file a late notice of claim Special Term stated it was constrained to follow the holdings in Matter of Borowski v. Town of Clarence (19 A.D.2d 580) and Staub v. City of New York (29 A.D.2d 756). We think these cases are distinguishable...

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