Buckley v. State

OPINION OF THE COURT

Norman I. Siegel, J.

Defendant* moves to strike the note of issue in this personal injury negligence claim. It is alleged that claimant was injured while diving into a swimming pool at the SUNY Potsdam campus in January 2009. The defendant was served with the claim on February 5, 2009 and the exchange of pleadings and discovery ensued; thereafter, on June 26, 2009 the note of issue was filed and this motion ensued.

Defense counsel’s affirmation states that

“[t]he employees’ [sic] status of the lifeguards was discovered in early June 2009. They were employees of the Student…