Schiermeyer v. Averill Park Central School District No. 1

Appeal from an order of the Supreme Court at Special Term, entered September 22, 1972 in Rensselaer County, granting *655a motion by respondents to dismiss the complaint. On January 22, 1971, Julianne Sehiermeyer, then 12 years of age, was injured at the Sand Lake Elementary School as a result of the alleged negligence of respondents. A notice of claim against respondents was not filed until April 17, 1972, and this notice was not filed with leave of court. The action was commenced by service of summons and complaint on June 28, 1972. By order dated September 11, 1972, Special Term denied a…