Hayden v. Board of Education

Appellate Terms of the Supreme Court of New York

Hayden v. Board of Education

19 Misc. 2d 958, 196 N.Y.S.2d 463, 1959 N.Y. Misc. LEXIS 3506

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 11, 1959

StatusPublished

This text of 19 Misc. 2d 958 (Hayden v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hayden v. Board of Education, 19 Misc. 2d 958, 196 N.Y.S.2d 463, 1959 N.Y. Misc. LEXIS 3506 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The court erred in treating the infant’s statement of the accident as a timely served notice of claim. There is no authority under subdivision 3 of section 50-e of the General Municipal Law to permit amendment as to the manner of service of the claim in the absence of a Comptroller’s hearing in regard thereto.

The judgment should be reversed, with costs, and judgment directed for defendant and complaint dismissed, with costs.

Concur — Stetjer, J. P., Hofstadter and Aurelio, JJ.

Judgment reversed, etc.

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Per Curiam.

The court erred in treating the infant’s statement of the accident as a timely served notice of claim. There is no authority under subdivision 3 of section 50-e of the General Municipal Law to permit amendment as to the manner of service of the claim in the absence of a Comptroller’s hearing in regard thereto.

The judgment should be reversed, with costs, and judgment directed for defendant and complaint dismissed, with costs.

Concur — Stetjer, J. P., Hofstadter and Aurelio, JJ.

Judgment reversed, etc.

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Bluebook (online)

19 Misc. 2d 958, 196 N.Y.S.2d 463, 1959 N.Y. Misc. LEXIS 3506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayden-v-board-of-education-nyappterm-1959.