Walcott v. Village of Cazenovia

Appeal from an order of the Supreme Court at Special Term, entered September 20, 1977 in Madison County, which denied a motion by plaintiffs for permission to serve a late notice of claim. Plaintiff Jason Walcott, an infant, was injured on August 23,1975 in a cemetery owned and maintained by defendant. On April 13, 1977 a notice of claim was served upon the Supervisor of the Town of Cazenovia, and on May 9,1977 the notice of claim was served upon the Clerk of the Village of Cazenovia. A motion was thereafter made in August, 1977 for leave to file the notice of claims as of April 13, 1977 or…