Mathusa v. Board of Education

This is a motion for an order granting leave to the plaintiff to serve a notice of claim on the defendant after expiration of the statutory period pursuant to section 50-e of the General Municipal Law. The proposed claim is on behalf of an infant under the age of fourteen years, as well as being on behalf of the infant’s father individually.

The alleged injury was sustained by the infant on June 14, 1951. No claim was filed within the ninety-day statutory period fixed by section 50-e of the General Municipal Law. There was, however, a notice of claim against the State of New York filed with…