Legal Opinion

Eberhard v. Elmira City School District

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

Decided April 22, 2004PublishedCited by 6 opinions

1Opinion of the CourtLahtinen, J.

Appeal from an order of the Supreme Court (Mulvey, J.), entered February 6, 2003 in Chemung County, which denied petitioner’s application pursuant to General Municipal Law § 50-e (5) for leave to file a late notice of claim.

Petitioner alleges that, while attending high school in the mid-1980s, she was sexually abused by a teacher employed by respondent Elmira City School District. In December 2002, she filed an application for leave to serve a late notice of claim against the district pursuant to General Municipal Law § 50-e (5). Supreme Court denied the motion. Petitioner appeals.

In order to…

2Cases cited9 opinions

  1. Pierson v. City of New YorkNew York Court of Appeals · 1982
  2. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  3. McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
  4. Matter of Cerami v. City of Rochester Sch. Dist.New York Court of Appeals · 1993
  5. Doe v. RoeAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by6 opinions

  1. Doe v. Holy SeeAppellate Division of the Supreme Court of the State of New York · 2005
  2. Vigliotti v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2005
  3. Giannicos v. Bellevue Hospital Medical CenterNew York Supreme Court · 2005
  4. Pipitone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  5. Compañía de Inversiones de Engergía S.A. v. AEIAppellate Division of the Supreme Court of the State of New York · 2011

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