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IN THE MATTER OF RISING v. EASTERN SUFFOLK BOCES

6 A.D.3d 718 (2004)

775 N.Y.S.2d 178

In the Matter of DANIEL T. RISING et al., Respondents, v. EASTERN SUFFOLK BOCES, Appellant.

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

April 26, 2004.

Ordered that the order is affirmed, with costs.

The infant petitioner was injured while he was on a slide in a school playground. The petitioner established that there was a reasonable excuse for the delay in serving a notice of claim, the appellant acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and the appellant did not suffer substantial prejudice by the delay (see D'Alessandro...

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