Lannon v. Town of Henrietta

Appellate Division of the Supreme Court of New York

Lannon v. Town of Henrietta

109 A.D.2d 1067, 488 N.Y.S.2d 327, 1985 N.Y. App. Div. LEXIS 47557

Appellate Division of the Supreme Court of the State of New York·Decided March 1, 1985·No. Appeal No. 1·Published·Cited by 4 cases

Opinion

— Order unanimously affirmed, with costs. Memorandum: Special Term did not abuse its discretion in granting the infant leave to file a late notice of claim. Contrary to defendant’s assertion, the court properly considered the disability of infancy even though it was not the cause of the delay in filing the notice (see, Matter of Ziecker v Town of Orchard Park, 70 AD2d 422, 427, affd 51 NY2d 957). (Appeal from order of Supreme Court, Monroe County, Tillman, J. — late notice of claim.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and O’Donnell, JJ.

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— Order unanimously affirmed, with costs. Memorandum: Special Term did not abuse its discretion in granting the infant leave to file a late notice of claim. Contrary to defendant’s assertion, the court properly considered the disability of infancy even though it was not the cause of the delay in filing the notice (see, Matter of Ziecker v Town of Orchard Park, 70 AD2d 422, 427, affd 51 NY2d 957). (Appeal from order of Supreme Court, Monroe County, Tillman, J. — late notice of claim.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and O’Donnell, JJ.

Lannon v. Town of Henrietta, 109 A.D.2d 1067, 488 N.Y.S.2d 327, 1985 N.Y. App. Div. LEXIS 47557 (N.Y. Ct. App. 1985).

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Opinion

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