On September 19, 1989, plaintiff allegedly struck her head at the end of a swimming pool during gym class at Sherburne-Earlville Central School. She was 13 years of age at the time of her alleged injury. Plaintiff served a notice of claim in August 1991 and commenced the instant action in April 1994. Thereafter, in August 1995, defendant moved to dismiss the action based upon plaintiff's failure to serve a timely notice of claim or, in...
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