At the time of the happening of the accident upon which the claim is based the infant claimant was ten years of age. The application was made about twenty months after the accident occurred, and was denied at Special Term on the ground that the court had no discretion to grant it, under the provisions of the statute, which require that such an application be made within the period of one year after the happening of the event upon which the claim is based.
Order affirmed...
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