Cody v. Village of Lake George

On September 25, 1988, petitioner was injured while walking on a sidewalk located in the Village of Lake George, Warren County. Petitioner, a resident of Los Altos, California, *889served a notice of claim on respondent on December 21, 1988. Sometime after petitioner’s notice of claim was served, petitioner’s attorney apparently discovered that petitioner was married to David Peterson. Petitioner thereafter applied for leave to serve a late notice of claim containing a derivative cause of action on behalf of her husband. In support of the motion, petitioner’s attorney averred that, due to the…