Every v. County of Ulster

The infant claims to have been injured on July 23, 1950, due to the negligence of the county. He was then eighteen years old. On July 18, 1951, he moved to obtain leave to serve the notice of claim in pursuance of subdivision 5 of section 50-e of the General Municipal Law. The County Court denied the application.

The ninety-day period in which claims are required to be filed had then long expired, but the one-year period in which application for such leave to extend the time must be made had not expired. The decision of the court was based on the ground neither infancy nor mental or physical…