Order unanimously modified in the exercise of discretion and as modified affirmed without costs in accordance with the following Memorandum: Under the circumstances of this case, in which defendants do not dispute that they had actual notice of the infant's injury, we exercise our discretion to grant plaintiff permission to file a late notice of claim on behalf of his infant son within 20 days of service of a copy of the order of this Court with notice of entry (see
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MATTER OF BATTAGLIA v. MEDINA CENT. SCH. DIST.
204 A.D.2d 997 (1994)
614 N.Y.S.2d 343
In the Matter of Frank J. Battaglia et al., Appellants, v. Medina Central School District et al., Respondents
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
May 27, 1994
May 27, 1994
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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