KERCH v. SILVESTRI


186 A.D.2d 322 (1992)

Paul Kerch, Respondent, v. James A. Silvestri, Appellant

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

September 24, 1992


There is no question that at the time of the accident involved herein, defendant was operating an automobile owned by Marlboro Central School District (hereinafter the District) and he was acting in the scope of his employment with the District. In denying defendant's motion to dismiss the complaint due to plaintiff's failure to timely serve a notice of claim on the District's Board of Education (hereinafter Board) pursuant to General Municipal Law § 50-e (1) (b), Supreme...

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