KRAUZ v. COMMACK UNION FREE SCH. DIST.


203 A.D.2d 334 (1994)

610 N.Y.S.2d 540

Adolph Krauz, Respondent, v. Commack Union Free School District, Appellant

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

April 11, 1994


Ordered that the order is reversed on the law, with costs, the motion is granted, and the first cause of action is dismissed.

The Supreme Court found that the Statute of Limitations was tolled for 30 days pursuant to Education Law § 3813 (1) and for an additional 39 days while the plaintiff's motion for leave to serve a late notice of claim was pending. We disagree with the Supreme Court's finding that the Statute of Limitations was tolled pursuant to Education...

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