Kern v. Central Free School

Plaintiffs request leave to serve a notice of claim upon defendant school district pursuant to section 50-e (subd. 5, par. [3]) of the General Municipal Law. The statutory 90-day period allowed has expired. It is claimed that two letters, one from defendant’s insurance carrier and another from the latter’s agent, were relied upon by plaintiffs so as to result in the lapse of the time allowed. Defendant asserts that neither of these letters constitute “ settlement representations ” within the meaning of the statute. The first, from the carrier’s agent, asks that medical bills be forwarded for…