Dunn v. Board of Education

Appellate Division of the Supreme Court of New York

Dunn v. Board of Education

8 A.D.2d 822, 190 N.Y.S.2d 182, 1959 N.Y. App. Div. LEXIS 8341

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 8, 1959

StatusPublished

This text of 8 A.D.2d 822 (Dunn v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunn v. Board of Education, 8 A.D.2d 822, 190 N.Y.S.2d 182, 1959 N.Y. App. Div. LEXIS 8341 (N.Y. Ct. App. 1959).

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Opinion

Appeal from an order granting leave, pursuant to subdivision 5 of section 50-e of the General Municipal Law, to serve a notice of claim in behalf of an injured infant. The infant was injured on September 6, 1957, and the application for leave was brought on by notice of motion dated October 22, 1958. Order reversed, and application denied, without costs. The Special Term had no power to grant an application for the relief in question made more than a year after the happening of the event upon which the claim was based (Matter of Martin v. School Bd. of Union Free Dist. No. 28, 301 N. Y. 233; [823]*823Matter of Brown v. Board of Trustees of Town of Hamptonburg, School Dist. No. 4, 303 N. Y. 484). Nolan, P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ., concur.

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Appeal from an order granting leave, pursuant to subdivision 5 of section 50-e of the General Municipal Law, to serve a notice of claim in behalf of an injured infant. The infant was injured on September 6, 1957, and the application for leave was brought on by notice of motion dated October 22, 1958. Order reversed, and application denied, without costs. The Special Term had no power to grant an application for the relief in question made more than a year after the happening of the event upon which the claim was based (Matter of Martin v. School Bd. of Union Free Dist. No. 28, 301 N. Y. 233; [823]*823Matter of Brown v. Board of Trustees of Town of Hamptonburg, School Dist. No. 4, 303 N. Y. 484). Nolan, P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ., concur.

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Bluebook (online)

8 A.D.2d 822, 190 N.Y.S.2d 182, 1959 N.Y. App. Div. LEXIS 8341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-board-of-education-nyappdiv-1959.

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