Legal Opinion
Hess v. West Seneca Central School District
New York Court of Appeals
Decided September 2, 2010PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and that part of claimant’s application that sought to file a late notice of claim against West Seneca Central School District (WSCSD) denied. We agree with the Appellate Division dissenters that claimant’s proposed negligence claim against WSCSD patently lacks merit because WSCSD established that it did not create or have responsibility for the allegedly hazardous condition of the intersection where claimant’s son was injured (see Pratt v Robinson, 39 NY2d 554, 560 [1976]; cf. Ernest v Red Cr.…
2Cases cited3 opinions
- Pratt v. RobinsonNew York Court of Appeals · 1976
- Ernest v. Red Creek Central School DistrictNew York Court of Appeals · 1999
- Catherine G. v. County of EssexNew York Court of Appeals · 2004
3Cited by10 opinions
- Clark v. Roswell Park Cancer Institute Corp.New York Court of Claims · 2010
- Matter of Bento v. Dormitory Auth. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of Bento v. Dormitory Auth. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2020
- CANDINO, JR., JOSEPH D. v. STARPOINT CENTRAL SCHOOL DISTRICTAppellate Division of the Supreme Court of the State of New York · 2014
- Candino v. Starpoint Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2014
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