The infant plaintiff, a student at the Hackett Middle School in Albany, was allegedly injured at that school as the result of an assault by another student. A timely notice of claim was served on defendant on February 17, 1981 and defendant was served with the summons and complaint on April 9, 1981. According to defendant's attorney, he did not receive the summons and complaint from the insurance company until June 22, 1981, and on July 2, 1981 he requested plaintiffs' attorney...
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