Defelice v. Board of Education

Order, Supreme Court, Bronx County, entered on January 7, 1971, in so far as appealed from, unanimously reversed, on the law, without costs and without disbursements, and the application denied. The application is to allow the service of a notice of claim after the expiration of the statutory period in an action for personal injuries by an infant and in his father’s derivative action for loss of services. Special *931Term granted the application. Defendant’s appeal is limited to the father's action. Aside from infancy, the only grounds for allowing a late filing are mental or physical incapacity…