Civil Procedure · MBE-tested
In the Matter of Gerald Klee, an Infant, by Walter Klee, His Natural Guardian and Parent, Respondent, v. Board of Cooperative Educational Services, Appellant
21 A.D.2d 975·New York Supreme Court, Appellate Division·1964·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In the Matter of Gerald Klee, an Infant, by Walter Klee, His Natural Guardian and Parent, Respondent, v. Board of Cooperative Educational Services, Appellant.
[MAJORITY]
Order unanimously reversed, without costs of this appeal to any party, and motion denied, without costs, without prejudice to reapply upon appropriate papers. Memorandum: The moving papers are inadequate in that they do not show the precise mental condition or the mental age of the infant and the effect, if any, of these or the infancy itself on the failure to timely file the notice of claim. (Appeal from an order of Erie Special Term granting petitioner’s application for leave to serve a notice of claim under section 50-e of General Municipal Law.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Veeehio, JJ.