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MATTER OF RIFENBURGH

63 A.D.2d 1004 (1978)

In the Matter of Delos E. Rifenburgh, III, Individually and as Administrator of The Estate of Evelyn E. Rifenburgh, Deceased, Respondent. County of Dutchess, Appellant

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

June 19, 1978

Order reversed, on the law and the facts, without costs or disbursements, and application denied.

On January 15, 1975 the decedent, the four-year-old daughter of the petitioner, was fatally injured when a large Dempsey Dumpster fell on her, crushing her skull. She died six hours later. On April 11, 1975 limited letters of administration were issued to the petitioner. Hence, the statutory period within which a notice of claim...

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