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WALCOTT v. VILL. OF CAZENOVIA

65 A.D.2d 671 (1978)

John A. Walcott et al., Individually and as Guardians of Jason A. Walcott, an Infant, Appellants, v. Village of Cazenovia, Respondent

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

October 26, 1978

Plaintiff Jason Walcott, an infant, was injured on August 23, 1975 in a cemetery owned and maintained by defendant. On April 13, 1977 a notice of claim was served upon the Supervisor of the Town of Cazenovia, and on May 9, 1977 the notice of claim was served upon the Clerk of the Village of Cazenovia. A motion was thereafter made in August, 1977 for leave to file the notice of claims as of April 13, 1977 or May 9, 1977. It is from the denial of this motion that plaintiffs...

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