Conte v. Valley Stream Central High School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Woodard, J.), dated December 14, 2004, which denied its motion to dismiss the complaint and granted the plaintiffs cross motion for leave to serve a late notice of claim.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the cross motion is denied.
The Supreme Court improvidently exercised its discretion in granting the plaintiffs cross motion for leave to serve a late notice of claim approximately 11…
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