Legal Opinion

Iglesias v. Brentwood Union Free School District

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

Decided June 11, 2014Published

1Opinion of the Court

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioners appeal from an order of the Supreme Court, Suffolk County (LaSalle, J.), dated July 26, 2013, which denied the petition.

Ordered that the order is affirmed, with costs.

A timely notice of claim must be served upon a school district before an injured person may commence a tort action against the district (see Education Law § 3813 [2]; General Municipal Law § 50-i [1]). “Timely” means within 90 days after the claim arises (see Education Law § 3813 [2]; General Municipal Law §…

2Cases cited8 opinions

  1. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. Daly v. KochanowiczAppellate Division of the Supreme Court of the State of New York · 2009
  3. Khalid v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Troy v. Town of Hyde ParkAppellate Division of the Supreme Court of the State of New York · 2009
  5. Castro v. Clarkstown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2009

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