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INS FUND COMMRS. v. LIVERPOOL

180 Misc.2d 501 (1999)

691 N.Y.S.2d 286

Commissioners of the State Insurance Fund, Plaintiff, v. Liverpool Central School District No. 1, Defendant.

Supreme Court, New York County.

March 31, 1999

Attorney(s) appearing for the Case

James O'Connor, New York City (Robert Gulizia of counsel), for plaintiff. O'Hara & O'Connell, P. C., Syracuse (James P. Evans of counsel), for defendant.

LORRAINE S. MILLER, J.

The plaintiff Commissioners of the State Insurance Fund (Fund) have moved to strike the first affirmative defense of defendant Liverpool Central School District No. 1 (Liverpool), which asserts a failure by the Fund to comply with Education Law § 3813 (1). In the alternative, the Fund seeks permission, pursuant to Education Law § 3813 (2-a), to file a late notice of claim,...

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