Bivona v. City of New York

Plaintiff applies for leave to serve a late notice of claim. The application is made only on behalf of an infant plaintiff who is now fifteen and one-half years of age and who at the time of the accident was fourteen and one-half years old. The accident occurred on February 28, 1957, and this application (and the prior one which was denied without prejudice because of a defect in the papers) was brought on during the last month before the time to make such application would have finally expired.

Disregarding for the moment the merits of the right to recovery for the accident described in the…