Chirse v. City School District of Albany

Spain, J.P.

Cross appeals from an order of the Supreme Court *1233(McNamara, J.), entered November 5, 2009 in Albany County, which, among other things, partially granted plaintiffs’ cross motion for leave to file a late notice of claim.

Plaintiffs commenced this action seeking damages for injuries allegedly sustained by then-infant plaintiff Luchana Chirse (hereinafter plaintiff) while descending a rope in gym class at Arbor Hill Elementary School in the City of Albany.1 Pursuant to General Municipal Law § 50-e, plaintiffs filed a notice of claim on July 11, 2006, asserted that the incident causing…