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MATTER OF CUDA v. ROTTERDAM-MOHONASEN CENTRAL SCHOOL DISTRICT

285 A.D.2d 806 (2001)

727 N.Y.S.2d 751

In the Matter of THOMAS A. CUDA, Appellant, v. ROTTERDAM-MOHONASEN CENTRAL SCHOOL DISTRICT, Respondent.

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

Decided July 12, 2001.

Carpinello, J.

Seeking to recover for an injury sustained on May 13, 1999 in the course of construction work at respondent's junior high school, petitioner moved to file a late notice of claim on February 3, 2000. In an affidavit in support of this application, petitioner alleges that as he stepped off a scaffolding, his foot landed on cinderblock debris and he twisted his ankle. The sole explanation for the late notice was that initially he did not realize the extent...

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