Legal Opinion

Padilla v. Department of Education

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

Decided December 8, 2011PublishedCited by 8 opinions

1Opinion of the Court

Plaintiff, a teacher at defendant M.S. 201 Star Academy, seeks damages for injuries she allegedly suffered as a result of an assault by a student at the Academy in January 2006. Her initial notice of claim named only the City of New York as a defendant; her amended notice of claim adding the Department of Education as a defendant was untimely served (see General Municipal Law § 50-e [1] [a]). In their answer to the complaint, defendants denied the allegations of proper service of a notice of claim “except that a notice of claim was presented [and] that more than thirty days have elapsed…

2Cases cited5 opinions

  1. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  2. Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981
  3. Perez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  4. Allende v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  5. Nacipucha v. City of New YorkNew York Supreme Court · 2008

3Cited by8 opinions

  1. Matter of Corwin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  2. Glasheen v. ValeraAppellate Division of the Supreme Court of the State of New York · 2014
  3. Mosheyev v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2016
  4. Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  5. Glasheen v. ValeraAppellate Division of the Supreme Court of the State of New York · 2014

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