SIMONS v. SHERBURNE-EARLVILLE CENT. SCH. DIST.


233 A.D.2d 592 (1996)

649 N.Y.S.2d 111

Marsha Simons, Respondent, v. Sherburne-Earlville Central School District, Appellant

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

November 7, 1996


Carpinello, J.

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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