Legal Opinion
Trotman v. Rochester City School District
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 2009PublishedCited by 6 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered January 17, 2009. The order denied claimant’s application for leave to serve a late notice of claim.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the application *1485is granted and the notice of claim is deemed timely served nunc pro tunc.
Memorandum: We conclude that Supreme Court abused its discretion in denying claimant’s application for leave to serve a late notice of claim. Although claimant failed to offer a reasonable excuse for the delay in serving a…
2Cases cited4 opinions
- Hale v. Webster Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
- Gilbert v. Eden Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Lindstrom v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- Bird v. Port Byron Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by6 opinions
- Shane v. Central New York Regional Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- DALTON, II, DAVID H. v. AKRON CENTRAL SCHOOLSAppellate Division of the Supreme Court of the State of New York · 2013
- DALTON, II, DAVID H. v. AKRON CENTRAL SCHOOLSAppellate Division of the Supreme Court of the State of New York · 2013
- DOE, JANE v. NORTH TONAWANDA CENTRAL SCHOOL DISTAppellate Division of the Supreme Court of the State of New York · 2011
- Doe v. North Tonawanda Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
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