Hyperlawhypertext legal database Lannon v. Town of Henrietta 109 A.D.2d 1067

← Cases

Lannon v. Town of Henrietta

109 A.D.2d 1067 Court N.Y. App. Div. Decision date 1985-03-01 Docket Appeal No. 1 English

Contents

Majority

p. 1067
In the Matter of Keith F. Lannon, as Parent and Natural Guardian of Cindy M. Lannon, an Infant, Respondent, v Town of Henrietta, Appellant.
(Appeal No. 1.)

— Order unanimously affirmed, with costs. Memorandum: Special Term did not abuse its discretion in granting the infant leave to file a late notice of claim. Contrary to defendant’s assertion, the court properly considered the disability of infancy even though it was not the cause of the delay in filing the notice (see, Matter of Ziecker v Town of Orchard Park, 70 AD2d 422 , 427, affd 51 NY2d 957 ). (Appeal from order of Supreme Court, Monroe County, Tillman, J. — late notice of claim.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and O’Donnell, JJ.

Cases cited