Opinion
June 5, 1967
Order of the Supreme Court, Kings County, dated November 29, 1966, reversed insofar as appealed from, on the law and the facts, without costs, and motion denied as to the infant claimant as well as the adult claimant. In our opinion, the infant claimant has not established a proper basis for the relief requested. The facts indicate that the late service of the notice of claim was not by reason of this claimant's infancy ( Schnee v. City of New York, 285 App. Div. 1130, affd. 1 N.Y.2d 697; Matter of Negrone v. New York City Tr. Auth., 15 A.D.2d 676; Matter of Nori v. City of Yonkers, 274 App. Div. 545, 546, affd. 300 N.Y. 632). Beldock, P.J., Christ and Rabin, JJ., concur; Brennan and Hopkins, JJ., dissent and vote to affirm the order insofar as appealed from, on the authority of Matter of Pandoliano v. New York City Tr. Auth. ( 17 A.D.2d 951); Matter of Spanos v. Town of Oyster Bay ( 23 A.D.2d 881) and Kern v. Central Free School Dist. No. 4 ( 25 A.D.2d 867).