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CHARALAMBAKIS v. CITY OF NEW YORK

46 N.Y.2d 785 (1978)

John Charalambakis, as Parent and Natural Guardian of Anastasia Charalambakis, an Infant, et al., Respondents, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided December 20, 1978.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Bernard Burstein and Laurence B. Jones of counsel), for appellant.

Michael Dubow for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs.

Generally, a notice of claim against a municipality must be filed "within ninety days after the claim arises" (General Municipal Law, § 50-e, subd 1). Under the law as it existed when the claim arose in this case, where a claimant because of infancy failed to serve a timely notice of claim, the court, in its discretion, could grant...

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