Sandoval v. Huntington Intermediate School

Appellate Division of the Supreme Court of New York

Sandoval v. Huntington Intermediate School

269 A.D.2d 520, 704 N.Y.S.2d 498, 2000 N.Y. App. Div. LEXIS 1957

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

DecidedFebruary 22, 2000

StatusPublished

This text of 269 A.D.2d 520 (Sandoval v. Huntington Intermediate 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.

Bluebook

Sandoval v. Huntington Intermediate School, 269 A.D.2d 520, 704 N.Y.S.2d 498, 2000 N.Y. App. Div. LEXIS 1957 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Dunn, J.), entered February 2, 1999, which granted the defendant’s motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

On September 10, 1996, the infant plaintiff fractured her arm on school premises during recess. A timely notice of claim, dated November 22, 1996, was filed against the school, its principal, the school district, and the district superintendent. A summons and complaint were filed on August 27, 1998. In light of the decision of the Court of Appeals in Henry v City of New York (94 NY2d 275) the complaint should be reinstated. Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Dunn, J.), entered February 2, 1999, which granted the defendant’s motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

On September 10, 1996, the infant plaintiff fractured her arm on school premises during recess. A timely notice of claim, dated November 22, 1996, was filed against the school, its principal, the school district, and the district superintendent. A summons and complaint were filed on August 27, 1998. In light of the decision of the Court of Appeals in Henry v City of New York (94 NY2d 275) the complaint should be reinstated. Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.

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Bluebook (online)

269 A.D.2d 520, 704 N.Y.S.2d 498, 2000 N.Y. App. Div. LEXIS 1957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandoval-v-huntington-intermediate-school-nyappdiv-2000.

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