The infant claimant, was born on April 10, 1960. On September 30, 1975, while participating in a soccer game between the school he was attending, Tappan Zee High School, and the Pearl River High School Junior Varsit, at the latter school’s field, the claimant allegedly sustained an injury to his foot when it struck a hidden object which was protruding from the ground. The infant claimant filed an application for leave to a file a late claim on December 5, 1977, which date was some 15 months after the effective date of the amendment to section 50-e, and some 26 months after the accident.
The Court cited a Court of Appeals decision on May 4, 1978, that is pertinent in the case at bar. In the said case, the Court said that the State highest Court was concerned with how the new guidelines enacted under the amendment to section 50-e of the General Municipal Law should be applied to claims accruing prior to September 1, 1976, the effective date of the amendment. It held that the Legislature, in enacting the new guidelines, intended to apply them to claims which accrued within one year prior to the effective date of the amendment; but that the amendment did not revive claims that accrued more than one year prior to such effective date.
On March 22, 1978, which was prior to the determination of the above mentioned case by the Court of Appeals, a Lawyer said that the Special Term initially denied petitioner’s application for leave to file notices of claim against both school districts on the ground that the application was untimely since the extension of the time to file such notices could not exceed the time limited for the commencement of the action against the public corporations, namely the period of limitations set forth in section 50-i of the General Municipal Law, to wit, one year and 90 days from the happening of the event.