Daley v. Greece Central School District No. 1

Order unanimously reversed, without costs of this appeal to any party, and motion denied, without costs, with leave to plaintiffs to file and serve a summons and complaint within 20 days after service of the order herein, in accordance with the memorandum, if so advised. Memorandum: Special Term granted this order under that portion of subdivision 5 of section 50-e of the General Municipal Law, which provides in substance that the court, in its discretion, may grant leave to serve a late notice where the claimant has failed to serve his notice within the time limited “by reason of his…