Simons v. Sherburne-Earlville Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Carpinello, J. Appeal from an order of the Supreme Court (Ingraham, J.), entered November 22, 1995 in Chenango County, which, inter alia, denied defendant’s motion to dismiss the complaint for failure to serve a timely notice of claim.
On September 19,1989, plaintiff allegedly struck her head at the end of a swimming pool during gym class at Sherburne-Earlville Central School. She was 13 years of age at the time of her alleged injury. Plaintiff served a notice of claim in August 1991 and commenced the instant action in April 1994. Thereafter, in August 1995, defendant moved to dismiss the…
2Cases cited7 opinions
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Camarella v. East Irondequoit Central School BoardNew York Court of Appeals · 1974
- Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Meredithe C. v. Carmel Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by5 opinions
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- Scuteri v. Watkins Glen Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1999
- Mcsherry v. Hawthorne SchoolAppellate Division of the Supreme Court of the State of New York · 1998
- Pryor v. SerranoAppellate Division of the Supreme Court of the State of New York · 2003