Sarsick v. Kibec

from an order of the Supreme Court at Special Term, entered December 7, 1978 in Schenectady County, which denied plaintiffs’ motion to deem the summons and complaint to be a timely notice of claim within the meaning of the General Municipal Law. The infant plaintiff was injured while riding as a passenger in a motor vehicle owned by defendant Kibec which was in collision with a fire truck owned by defendant Harmony Corners Fire District. An action on behalf of the infant was commenced against the defendant fire district on October 11, 1974, 99 days after the happening of the event giving rise…