Wenz v. Board of Education

Appellate Division of the Supreme Court of New York

Wenz v. Board of Education

16 A.D.2d 930, 229 N.Y.S.2d 313, 1962 N.Y. App. Div. LEXIS 9367

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

DecidedJune 4, 1962

StatusPublished

This text of 16 A.D.2d 930 (Wenz 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

Wenz v. Board of Education, 16 A.D.2d 930, 229 N.Y.S.2d 313, 1962 N.Y. App. Div. LEXIS 9367 (N.Y. Ct. App. 1962).

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Opinion

In a proceeding pursuant to section 50-e of the General Municipal Law for leave to serve a late notice of claim for personal injury, the Board of Education of Union Free School District No. 5 appeals from so much of an order of the Supreme Court, Nassau County, dated April 15, 1959, as granted the application in favor of the infant claimant. Order, insofar as appealed from, affirmed, with costs. On August 28, 1958, the infant claimant, aged 15 years and 10 months, was injured on the board’s premises and removed to the hospital. His father spoke to the school nurse about the accident on the following day. Neither father nor son were aware of the requirements of section 50-e of the General Municipal Law. On February 13, 1959, the father consulted an attorney who brought the instant application on February 16, 1959. Under the circumstances, the order here was properly made (Biancoviso v. City of New York, 285 App. Div. 320; Matter of Kelsch v. New York City Tr. Auth., 12 A D 2d 642). Beldock, P. J., Ughetta, Brennan, Rabin and Hopkins. JJ., concur.

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In a proceeding pursuant to section 50-e of the General Municipal Law for leave to serve a late notice of claim for personal injury, the Board of Education of Union Free School District No. 5 appeals from so much of an order of the Supreme Court, Nassau County, dated April 15, 1959, as granted the application in favor of the infant claimant. Order, insofar as appealed from, affirmed, with costs. On August 28, 1958, the infant claimant, aged 15 years and 10 months, was injured on the board’s premises and removed to the hospital. His father spoke to the school nurse about the accident on the following day. Neither father nor son were aware of the requirements of section 50-e of the General Municipal Law. On February 13, 1959, the father consulted an attorney who brought the instant application on February 16, 1959. Under the circumstances, the order here was properly made (Biancoviso v. City of New York, 285 App. Div. 320; Matter of Kelsch v. New York City Tr. Auth., 12 A D 2d 642). Beldock, P. J., Ughetta, Brennan, Rabin and Hopkins. JJ., concur.

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Bluebook (online)

16 A.D.2d 930, 229 N.Y.S.2d 313, 1962 N.Y. App. Div. LEXIS 9367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wenz-v-board-of-education-nyappdiv-1962.

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