Whittaker v. New York City Board of Education
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from a judgment of the Supreme Court, Queens County (Kerrigan, J.), dated April 8, 2009, which, upon an order of the same court dated February 5, 2009, denying the petition, dismissed the proceeding.
Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, the petition is granted, and the order is modified accordingly.
In early October 2007 the infant petitioner (hereinafter the petitioner) allegedly was assaulted by the parent…
2Cases cited14 opinions
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