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MELLO v. HICKSVILLE UNION FREE SCH. DIST. NO. 17

51 A.D.2d 580 (1976)

Leanore Mello, as Mother and Natural Guardian of Robert Mello, an Infant, Respondent, v. Hicksville Union Free School District No. 17, Appellant

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

January 26, 1976

Order reversed, on the law, without costs, and motion granted. No fact questions were raised on this appeal.

Plaintiff's son was injured in a schoolyard accident on April 18, 1972. No notice of claim was filed within the 90-day period after the happening of the accident, as required by section 50-e of the General Municipal Law. Nor was any motion for leave to serve a late notice of claim made within one year of this occurrence, as prescribed by subdivision 5 of section...

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