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CAMARELLA v. E. IRONDEQUOIT SCH. BD.

34 N.Y.2d 139 (1974)

Bonito Camarella, an Infant by Her Parent and Natural Guardian, Louis Camarella, et al., Appellants, v. East Irondequoit Central School Board, Respondent.

Court of Appeals of the State of New York.

Decided May 8, 1974.

Attorney(s) appearing for the Case

John R. Davison and Richard Alan Kroll for appellants.

Homer H. Marks for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in the memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs and disbursements awarded to the appellants. In view of the highly unusual procedural posture in which this appeal comes to us, particularly the fact that the appellants may have been misled by respondent's failure clearly to assert the timeliness issue until after the tort claim had been tried on the...

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