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

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1994·Published·Cited by 1 cases

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.

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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209 A.D.2d 1044 (Frazier v. Board of Education of the School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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