Lavoie v. Town of Ellenburg

— Appeal from so much of an order of the Supreme Court at Special Term, entered March 27, 1980 in St. Lawrence County, which denied the appellant the right to file a late notice of claim on his own behalf. The infant plaintiff was injured as the result of the crash of a car in which he was a passenger on July 22, 1979. On December 20, 1979 the appellant, the infant’s father, became aware that to maintain the instant action a notice of claim must ordinarily be filed within 90 days. On January 10, 1980 a motion to file a late notice of claim on behalf of both plaintiffs was made. Special *715Term…