La Fave v. Town of Franklin

Appeal from an order of the Supreme Court, Franklin County, denying a motion to dismiss the action for failure to commence the action within “ one year and ninety days after the happening of the event upon which the claim is based.” (General Municipal Law, § 50-i.) The facts are not here disputed. On August 26, 1961, respondent, then 20 years of age, suffered personal injuries in an automobile accident allegedly due to the negligence of appellants. Subsequently respondent’s father was appointed his guardian ad litem and application was made to file a late notice of claim pursuant to section…