ZIECKER v. ORCHARD PARK


70 A.D.2d 422 (1979)

In the Matter of the Claim of Larry Ziecker, an Infant, by Orville Ziecker, His Father, et al., Respondents, v. Town of Orchard Park et al., Appellants

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

November 2, 1979


Attorney(s) appearing for the Case

Canale, Madden & Burke (John F. Canale of counsel), for Town of Orchard Park, appellant.

Miles, Cochrane, Grosse, Rossetti & Chelus (Arthur Herdzik of counsel), for Village of Orchard Park, appellant.

Paul William Beltz, P. C. (Robert Nichols of counsel), for respondents.

CARDAMONE, J. P. SCHNEPP, WITMER and MOULE, JJ., concur.


CALLAHAN, J.

This case involves an application by an infant and his father for permission to file a late notice of claim under section 50-e of the General Municipal Law. On July 4, 1976 the infant claimant, age 17, was injured at Green Lake in Yates Park, Orchard Park, New York, when he dived head-first into shallow water. He suffered dislocation of the cervical spine and quadriplegia secondary to fracture. He...

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