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LAVOIE v. TOWN OF ELLENBURG

78 A.D.2d 714 (1980)

Yvon Lavoie, Individually and as Parent and Natural Guardian of Terry Lavoie, an Infant, Appellant, v. Town of Ellenburg et al., Respondents

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

October 9, 1980

The infant plaintiff was injured as the result of the crash of a car in which he was a passenger on July 22, 1979. On December 20, 1979 the appellant, the infant's father, became aware that to maintain the instant action a notice of claim must ordinarily be filed within 90 days. On January 10, 1980 a motion to file a late notice of claim on behalf of both plaintiffs was made. Special Term denied the motion on behalf of the appellant...

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