Rising v. Eastern Suffolk BOCES

Appellate Division of the Supreme Court of New York

Rising v. Eastern Suffolk BOCES

6 A.D.3d 718, 775 N.Y.S.2d 178

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

DecidedApril 26, 2004

StatusPublished

Cited by1 cases

This text of 6 A.D.3d 718 (Rising v. Eastern Suffolk BOCES) 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.

Bluebook

Rising v. Eastern Suffolk BOCES, 6 A.D.3d 718, 775 N.Y.S.2d 178 (N.Y. Ct. App. 2004).

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Opinion

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Suffolk County (Molia, J.), dated May 5, 2003, which granted the petition.

Ordered that the order is affirmed, with costs.

The infant petitioner was injured while he was on a slide in a school playground. The petitioner established that there was a reasonable excuse for the delay in serving a notice of claim, the appellant acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and the appellant did not suffer substantial prejudice by the delay (see D'Alessandro v New York City Tr. Auth., 83 NY2d 891, 893 [1994]; Matter of Barrios v City of New York, 300 AD2d 480, 481 [2002]). Accordingly, the Supreme Court providently exercised its discretion in granting the application. Altman, J.P., Krausman, Goldstein and Mastro, JJ., concur.

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In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Suffolk County (Molia, J.), dated May 5, 2003, which granted the petition.

Ordered that the order is affirmed, with costs.

The infant petitioner was injured while he was on a slide in a school playground. The petitioner established that there was a reasonable excuse for the delay in serving a notice of claim, the appellant acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and the appellant did not suffer substantial prejudice by the delay (see D'Alessandro v New York City Tr. Auth., 83 NY2d 891, 893 [1994]; Matter of Barrios v City of New York, 300 AD2d 480, 481 [2002]). Accordingly, the Supreme Court providently exercised its discretion in granting the application. Altman, J.P., Krausman, Goldstein and Mastro, JJ., concur.

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Bluebook (online)

6 A.D.3d 718, 775 N.Y.S.2d 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rising-v-eastern-suffolk-boces-nyappdiv-2004.

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