MATTER OF LAW v. ROCHESTER CITY SCH. DIST.


107 A.D.2d 1089 (1985)

In the Matter of Kimberly Law, as Administratrix of The Estate of Ricky Law, Appellant, v. Rochester City School District, Respondent

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

January 29, 1985


Order unanimously reversed, with costs, and motion granted.

Memorandum:

Special Term abused its discretion in denying claimant's application to file a late notice of claim on behalf of her husband, who died while repairing the roof of the Benjamin Franklin Junior-Senior High School, operated and maintained by the Rochester City School District. The school district acquired actual knowledge of the facts constituting the claim on the day of the accident when...

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