Schwindt v. County of Essex
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Dawson, J.), entered May 19, 2008 in Essex County, which partially granted petitioners’ application pursuant to General Municipal Law § 50-e (5) for leave to file a late notice of claim.
Petitioner Frank Schwindt allegedly sustained various injuries when he fell from the roof of a firehouse located in the Town of Schroon, Essex County, in October 2007. Thereafter, in March 2008, Schwindt and his spouse, derivatively, moved by order to show cause for leave to file a late notice of claim against respondent Schroon Lake Fire District, the equitable owner…
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