HALE v. WEBSTER CENTRAL SCHOOL DIST.


12 A.D.3d 1052 (2004)

784 N.Y.S.2d 449

CHRIS HALE et al., Appellants, v. WEBSTER CENTRAL SCHOOL DISTRICT, Respondent.

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

November 19, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law without costs, the application is granted and the notice of claim is deemed served timely nunc pro tunc.

Memorandum:

Plaintiffs commenced this action seeking damages for the alleged contamination of their property, which is located adjacent to defendant's school bus garage. The contamination allegedly occurred when petroleum was discharged from underground storage...

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