Corbett v. Fayetteville-Manlius Central School District

Defendant Central School District appeals from so much of an order as denied its motion to dismiss the infant plaintiff’s action on the ground that it was barred by the one-year and 90-day Statute of Limitations contained in subdivision 1 of section 50-i of the General Municipal Law.

The complaint alleges that plaintiff was injured on August 30, 1964, when he fell into an excavation which existed on property owned by defendant during the course of repair and renovation of school premises, and that timely notice of claim was served on the school district on November 17, 1964, within 90 days…