FRAZIER v. BD. OF EDUC. OF THE SCH. DIST. OF THE CITY OF NIAGARA FALLS


209 A.D.2d 1044 (1994)

619 N.Y.S.2d 1003

Eugene Frazier et al., Appellants, v. Board of Education of the School District of the City of Niagara Falls, Respondent

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

November 16, 1994


Order unanimously reversed on the law without costs and application granted.

Memorandum:

Supreme Court abused its discretion in denying the application for leave to serve a late notice of claim (see, Sauve v City of Buffalo, 177 A.D.2d 934, lv denied 79 N.Y.2d 757). It is uncontroverted that the School District had notice of the accident through its employee, and its ability to maintain a defense was...

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