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  5. 34 A.D.2d 1089 (1970)
 

MATTER OF PERRY v. BD. OF EDUC. OF THE CITY OF LACKAWANNA

34 A.D.2d 1089 (1970)

In the Matter of David E. Perry, an Infant, by His Mother and Natural Guardian, Verna Perry, Respondent, v. Board of Education of the City of Lackawanna et al., Appellants

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

June 25, 1970

Order affirmed, without costs.

Memorandum:

While service of respondent's claim on the City of Lackawanna instead of on the Board of Education thereof was due to misinformation given by his mother to the attorney employed by her on respondent's behalf, and to the attorney's failure to effect service on the proper municipal corporation, it was also attributable in some degree to the disability and limitations incident to respondent's infancy which prevented...

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