Klee v. Board of Cooperative Educational Services

Appellate Division of the Supreme Court of New York

Klee v. Board of Cooperative Educational Services

21 A.D.2d 975, 252 N.Y.S.2d 889, 1964 N.Y. App. Div. LEXIS 3183

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

DecidedSeptember 24, 1964

StatusPublished

This text of 21 A.D.2d 975 (Klee v. Board of Cooperative Educational Services) 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.

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Klee v. Board of Cooperative Educational Services, 21 A.D.2d 975, 252 N.Y.S.2d 889, 1964 N.Y. App. Div. LEXIS 3183 (N.Y. Ct. App. 1964).

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Opinion

Order unanimously reversed, without costs of this appeal to any party, and motion denied, without costs, without prejudice to reapply upon appropriate papers. Memorandum: The moving papers are inadequate in that they do not show the precise mental condition or the mental age of the infant and the effect, if any, of these or the infancy itself on the failure to timely file the notice of claim. (Appeal from an order of Erie Special Term granting petitioner’s application for leave to serve a notice of claim under section 50-e of General Municipal Law.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Veeehio, JJ.

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Order unanimously reversed, without costs of this appeal to any party, and motion denied, without costs, without prejudice to reapply upon appropriate papers. Memorandum: The moving papers are inadequate in that they do not show the precise mental condition or the mental age of the infant and the effect, if any, of these or the infancy itself on the failure to timely file the notice of claim. (Appeal from an order of Erie Special Term granting petitioner’s application for leave to serve a notice of claim under section 50-e of General Municipal Law.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Veeehio, JJ.

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Bluebook (online)

21 A.D.2d 975, 252 N.Y.S.2d 889, 1964 N.Y. App. Div. LEXIS 3183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klee-v-board-of-cooperative-educational-services-nyappdiv-1964.