Bird v. Port Byron Central School District

Order unanimously reversed on the law with costs and application granted. Memorandum: Supreme Court abused its discretion in denying claimant’s application for leave to serve a late notice of claim {see, General Municipal Law § 50-e [5]). Respondent "acquired actual knowledge of the essential facts constituting the claim” shortly after their occurrence (General Municipal Law § 50-e [5]; see, Maurice W. v Onondaga County Dept. of Social Servs., 186 AD2d 986, 987; Pepe v Somers Cent. School Dist., 108 AD2d 799, 800). The injury to claimant’s daughter occurred between classes in the hallway of…