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MATTER OF DEFELICE v. BD. OF EDUC. OF THE CITY OF NEW YORK

37 A.D.2d 930 (1971)

In the Matter of Gabriel Defelice, an Infant, by Giovanni Defelice, His Father and Natural Parent and Guardian, et al., Respondents, v. Board of Education of the City of New York, Appellant

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

November 4, 1971

The application is to allow the service of a notice of claim after the expiration of the statutory period in an action for personal injuries by an infant and in his father's derivative action for loss of services. Special Term granted the application. Defendant's appeal is limited to the father's action. Aside from infancy, the only grounds for allowing a late filing are mental or physical incapacity (General Municipal Law, §...

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