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JANYCE DI CANIO v. COUNTY NASSAU PUBLIC WATER WORKS ET AL. (12/08/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


December 8, 1969

JANYCE DI CANIO, AN INFANT, BY HER NATURAL PARENT EDWIN DI CANIO, RESPONDENT, ET AL., PLAINTIFF,
v.
COUNTY OF NASSAU PUBLIC WATER WORKS ET AL., APPELLANTS

In a proceeding pursuant to subdivision 5 of section 50-e of the General Municipal Law for leave to serve a notice of claim, the appeal is from so much of an order of the Supreme Court, Nassau County, entered July 1, 1965, as granted the application with respect to the infant claimant.

Beldock, P. J., Christ and Rabin, JJ., concur; Brennan and Kleinfeld, JJ., dissent.

Order reversed insofar as appealed from, on the law, without costs, and application denied as to the infant claimant as well as the adult claimant, on the authority of Anderson v. County of Nassau (31 A.D.2d 761). Brennan and Kleinfeld, JJ., dissent and vote to affirm the order insofar as appealed from.

19691208

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