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MONTELIONE v. GREENBURG EDGEMONT UNION FREE SCH. DIST. AT SCARSDALE

175 A.D.2d 113 (1991)

Jerome S. Montelione, Jr., et al., Appellants, v. Greenburg Edgemont Union Free School District at Scarsdale, Respondent

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

July 1, 1991

Ordered that the order is affirmed, with costs.

On April 29, 1988, the injured plaintiff, then an 18-year-old high school student, tripped and was injured while helping his gym teacher move some tables. Although a notice of claim (see, General Municipal Law § 50-e) was timely served, service of a summons and complaint was not effectuated until August 14, 1989, some 17 days after expiration of the Statute of Limitations (see, General Municipal Law...

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