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MATTER OF HARWOOD v. COUNTY OF ALBANY

257 A.D.2d 747 (1999)

682 N.Y.S.2d 736

In the Matter of the Claim of JOSHUA HARWOOD, an Infant, by FLORENCE MURNANE, His Mother and Guardian, Respondent, v. COUNTY OF ALBANY, Appellant.

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

Decided January 7, 1999.

Peters, J.

On September 4, 1997, petitioner filed a notice of claim which alleged that respondent acted negligently in performing lead testing upon various properties located in the City of Cohoes, Albany County. In November 1997, respondent moved to strike the notice of claim as untimely and petitioner thereafter crossmoved for leave to file a late notice of claim. Supreme Court denied respondent's motion and granted petitioner's cross motion. Respondent appeals...

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