O'Connor v. Huntington U.F.S.D.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
“Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to the commencement of an action against a school district” (Matter of Surdo v Levittown Pub. School Dist., 41 AD3d 486, 487 [2007]; see Education Law § 3813; General Municipal Law § 50-e [1] [a]). Although “courts have not interpreted the statute to require that a claimant state a precise cause of action in haec verba in a notice of claim” (DeLeonibus v Scognamillo, 183 AD2d 697, 698 [1992]), “a party may not add a new theory of liability which was not included in the notice of claim” (Semprini v…
2Cases cited8 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Mazzilli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
- Semprini v. Village of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2008
- DeLeonibus v. ScognamilloAppellate Division of the Supreme Court of the State of New York · 1992
- Demorcy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Steins v. Incorporated Village of Garden CityAppellate Division of the Supreme Court of the State of New York · 2015
- Crew v. Town of BeekmanAppellate Division of the Supreme Court of the State of New York · 2013
- Ana R. v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- Congero v. City of Glen CoveAppellate Division of the Supreme Court of the State of New York · 2021
- Williams v. County of WestChesterAppellate Division of the Supreme Court of the State of New York · 2013
5 more not listed; retrieve them via the Exa API.