Smith v. Baldwin Union Free School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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, Nassau County (Phelan, J.), dated September 3, 2008, which granted the petition.
Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.
Timely service of a notice of claim is a condition precedent to an action founded on tort and commenced against a school district (see Education Law § 3813 [2]; Matter of Padovano v *1079Massapequa Union Free School Dist., 31 AD3d 563, 564…
2Cases cited12 opinions
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- Lorseille v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Pico v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by20 opinions
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