Miller v. Board of Education

Order unanimously reversed, without costs, and motion granted. Memorandum: Plaintiff’s son was injured on defendant’s premises on October 15, 1969. Neither plaintiff nor his son filed a claim under section 50-e of the General Municipal Law within 90 days. However, they sought a court order permitting late filing on the ground that the school nurse who brought the boy home after his injury, stated that the matter had been put in “ liability insurance care ”. The court granted permission to the son for late filing pursuant to subdivision 5 of section 50-e of the General Municipal Law but denied…