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STATE v. WAVERLY CENT. SCH. DIST.

28 A.D.2d 628 (1967)

State of New York, Appellant, v. Waverly Central School District et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 31, 1967

AULISI, J.

No notice of claim was filed by the State against the School District and the motion for dismissal was made based upon section 50-e of the General Municipal Law and section 3813 of the Education Law. The issue presented is whether failure to serve or file a notice of claim precludes the State from maintaining this action. It is our view in the instant case that the State is in the same position as any other plaintiff in an ordinary negligence...

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