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COHEN v. PEARL RIV. UFSD

51 N.Y.2d 256 (1980)

David L. Cohen, an Infant, by His Father, Alan Cohen, Appellant, et al., Petitioner, v. Pearl River Union Free School District et al., Respondents.

Court of Appeals of the State of New York.

Decided November 18, 1980.

Attorney(s) appearing for the Case

Gerald S. Jacobs for appellant.

O'Neil Kelly for respondent.

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

GABRIELLI, J.

Where notice of claim has not been served within the 90-day period specified in section 50-e (subd 1) of the General Municipal Law, an individual possessing a potential tort claim against a public corporation may apply to the court pursuant to section 50-e (subd 5) for an extension of the time within which to serve such notice upon the defendant. As amended in 1976 (L 1976, ch 745, § 2), the...

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