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MATTER OF SCHIRRIPA v. BIRCH LANE ELEMENTARY SCH.

154 A.D.2d 536 (1989)

In the Matter of Vincent Schirripa, an Infant, by His Mother and Natural Guardian, Susan Schirripa, Appellant, v. Birch Lane Elementary School, Respondent

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

October 16, 1989

Ordered that the orders are affirmed, with one bill of costs.

The infant petitioner was allegedly injured as the result of a fall in a gymnasium class on May 17, 1984. No notice of claim was timely filed. In June 1987 the petitioner made an application for leave to serve a late notice of claim upon the grounds that he was an infant at the time of the incident, he had been misinformed about the seriousness of his injury,...

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