Frazier v. Board of Education of the School District

Appellate Division of the Supreme Court of New York

Frazier v. Board of Education of the School District

209 A.D.2d 1044, 619 N.Y.S.2d 1003, 1994 N.Y. App. Div. LEXIS 12129

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1994

StatusPublished

Cited by1 cases

This text of 209 A.D.2d 1044 (Frazier v. Board of Education of the School District) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frazier v. Board of Education of the School District, 209 A.D.2d 1044, 619 N.Y.S.2d 1003, 1994 N.Y. App. Div. LEXIS 12129 (N.Y. Ct. App. 1994).

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Opinion

—Order unanimously reversed on the law without costs and application granted. Memorandum: Supreme Court abused its discretion in denying the application for leave to serve a late notice of claim (see, Sauve v City of Buffalo, 177 AD2d 934, lv denied 79 NY2d 757). It is uncontroverted that the School District had notice of the accident through its employee, and its ability to maintain a defense was not prejudiced by the delay. (Appeal from Order of Supreme Court, Niagara County, Mintz, J.—Late Notice of Claim.) Present—Balio, J. P., Lawton, Wesley, Callahan and Davis, JJ.

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—Order unanimously reversed on the law without costs and application granted. Memorandum: Supreme Court abused its discretion in denying the application for leave to serve a late notice of claim (see, Sauve v City of Buffalo, 177 AD2d 934, lv denied 79 NY2d 757). It is uncontroverted that the School District had notice of the accident through its employee, and its ability to maintain a defense was not prejudiced by the delay. (Appeal from Order of Supreme Court, Niagara County, Mintz, J.—Late Notice of Claim.) Present—Balio, J. P., Lawton, Wesley, Callahan and Davis, JJ.

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209 A.D.2d 1044, 619 N.Y.S.2d 1003, 1994 N.Y. App. Div. LEXIS 12129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-board-of-education-of-the-school-district-nyappdiv-1994.

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