Persi v. Churchville-Chili Central School District

Callahan, J. (dissenting).

The Legislature in amending section 50-e of the General Municipal Law (L 1976, ch 745, § 2) conferred upon the court broad discretion to grant leave in cases where .the public corporation had knowledge of the incident (Matter of Beary v City of Rye, 44 NY2d 398). It has not been our policy to penalize an infant where there is no prejudice to the school district (Matter of Grume v Clarence Cent. School Dist. No. 1, 43 AD2d 492). In this case the appellant does not dispute the fact that the school officers were witnesses to the incident and were the parties who…