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SCHIERMEYER v. AVERILL PARK CENT. SCH. DIST. NO. 1

42 A.D.2d 654 (1973)

William Schiermeyer, as Parent and Natural Guardian of Julianne Schiermeyer, an Infant, Appellant, v. Averill Park Central School District No. 1 et al., Respondents

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

June 27, 1973

On January 22, 1971, Julianne Schiermeyer, then 12 years of age, was injured at the Sand Lake Elementary School as a result of the alleged negligence of respondents. A notice of claim against respondents was not filed until April 17, 1972, and this notice was not filed with leave of court. The action was commenced by service of summons and complaint on June 28, 1972. By order dated September 11, 1972, Special Term denied a motion...

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