Hoffman v. Lakeshore Central High School
This text of 289 A.D.2d 1025 (Hoffman v. Lakeshore Central High School) 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.
Opinion
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted claimants’ motion for leave to serve a late notice of claim against respondents pursuant to Education Law § 3813 (2-a). Decedent, James L. Hoffman, was injured when he fell from a scaffold in the course of his employment with a company retained by respondents to conduct a multimillion dollar renovation of respondent high school. The court properly weighed the factors set forth in Education Law § 3813 (2-a), which are the same as those set forth in General Municipal Law § 50-e (5), and did not abuse its discretion in granting the motion (see, Matter of Bowman v Capital Dist. Transp. Auth., 244 AD2d 638). (Appeal from Order of Supreme Court, Erie County, Glownia, J. — Notice of Claim.) Present — Hayes, J. P., Scudder, Burns, Gorski and Lawton, JJ.
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Cite This Page — Counsel Stack
289 A.D.2d 1025, 735 N.Y.S.2d 452, 2001 N.Y. App. Div. LEXIS 12631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffman-v-lakeshore-central-high-school-nyappdiv-2001.