MATTER OF PRICE v. BOARD OF EDUCATION OF CITY OF YONKERS


300 A.D.2d 310 (2002)

751 N.Y.S.2d 286

In the Matter of ERIKA PRICE et al., Respondents, v. BOARD OF EDUCATION OF CITY OF YONKERS, Appellant.

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

Decided December 2, 2002.


Ordered that the order is reversed, as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

On October 19, 2001, the petitioner Erika Price, then a student at P.S. 25 in Yonkers, was injured during recess when she allegedly tripped and fell over another student. Approximately 5½ months after the accident, the petitioners commenced the instant proceeding for leave to serve a late notice of claim on the appellant, Board of...

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