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MATTER OF BOSH v. BD. OF EDUC. OF CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Oct 19, 1953

The infant was fifteen years old at the time of the accident and was injured by a jig saw in a classroom, due to alleged improper supervision. Order reversed on the law and the facts, without costs, and motion denied, without costs. The failure to serve a notice in time was not by reason of the claimant's infancy and no other disability prevented timely filing. ( Matter of Nori v. City of Yonkers, 274 App. Div. 545, affd. 300 N.Y. 632; Matter of Lustig v. City of New York, 278 App. Div. 716; Matter of Adanuncio v. City of New York, 281 App. Div. 763.) Nolan, P.J., Adel, Wenzel, MacCrate and Beldock, JJ., concur.