Sullivan v. Board of Education of the Eastchester Union Free School District

Appellate Division of the Supreme Court of New York

Sullivan v. Board of Education of the Eastchester Union Free School District

154 A.D.2d 664, 546 N.Y.S.2d 665, 1989 N.Y. App. Div. LEXIS 13744

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

DecidedOctober 30, 1989

StatusPublished

Cited by3 cases

This text of 154 A.D.2d 664 (Sullivan v. Board of Education of the Eastchester Union Free 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.

Bluebook

Sullivan v. Board of Education of the Eastchester Union Free School District, 154 A.D.2d 664, 546 N.Y.S.2d 665, 1989 N.Y. App. Div. LEXIS 13744 (N.Y. Ct. App. 1989).

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Opinion

— In an action, inter alia, to recover damages for defamation, the defendants appeal from an order of the Supreme Court, Westchester County (Buell, J.), entered April 15, 1988, which denied their motions to dismiss the complaint as time barred and for failure to file a proper notice of claim.

Ordered that the order is affirmed, with costs.

Pursuant to the prior order of this court (Sullivan v Board of Educ., 131 AD2d 836), the plaintiff served an amended notice of claim and amended complaint to remedy omissions in the originals (see, General Municipal Law § 50-e [6]; Tucker v Long Is. R. R. Co., 128 AD2d 517). The claims asserted in the amended complaint are based upon the same transactions and occurrences as the claims asserted in the original notice of claim and complaint. Since the defendants were provided with timely notice of the transactions and occurrences giving [665]*665rise to the claims asserted in the amended complaint, it may properly be deemed to have been timely interposed pursuant to the relation-back provision of CPLR 203 (e) (see, Caffaro v Trayna, 35 NY2d 245). Kunzeman, J. P., Rubin, Harwood and Bálletta, JJ., concur.

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— In an action, inter alia, to recover damages for defamation, the defendants appeal from an order of the Supreme Court, Westchester County (Buell, J.), entered April 15, 1988, which denied their motions to dismiss the complaint as time barred and for failure to file a proper notice of claim.

Ordered that the order is affirmed, with costs.

Pursuant to the prior order of this court (Sullivan v Board of Educ., 131 AD2d 836), the plaintiff served an amended notice of claim and amended complaint to remedy omissions in the originals (see, General Municipal Law § 50-e [6]; Tucker v Long Is. R. R. Co., 128 AD2d 517). The claims asserted in the amended complaint are based upon the same transactions and occurrences as the claims asserted in the original notice of claim and complaint. Since the defendants were provided with timely notice of the transactions and occurrences giving [665]*665rise to the claims asserted in the amended complaint, it may properly be deemed to have been timely interposed pursuant to the relation-back provision of CPLR 203 (e) (see, Caffaro v Trayna, 35 NY2d 245). Kunzeman, J. P., Rubin, Harwood and Bálletta, JJ., concur.

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Bluebook (online)

154 A.D.2d 664, 546 N.Y.S.2d 665, 1989 N.Y. App. Div. LEXIS 13744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-board-of-education-of-the-eastchester-union-free-school-nyappdiv-1989.

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