Mestel v. Board of Education

In an action to recover damages for personal injuries predicated upon theories of negligence and breach of contract, defendant appeals from an order of the Supreme Court, Westchester County (Gurahian, J.), dated December 7, 1981, which granted plaintiff’s motion pursuant to subdivision 5 of section 50-e of the General Municipal Law for leave to serve a late notice of claim. Order affirmed, with $50 costs and disbursements. At the time of the incident complained of, two supervisory employees of the defendant were present and assisted the plaintiff so that it is clear that defendant had actual…