IN THE MATTER OF EBERHARD v. ELMIRA CITY SCHOOL DISTRICT


6 A.D.3d 971 (2004)

775 N.Y.S.2d 431

In the Matter of LESLIE EBERHARD, Appellant, v. ELMIRA CITY SCHOOL DISTRICT et al., Respondents.

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

April 22, 2004.


Lahtinen, J.

Petitioner alleges that, while attending high school in the mid-1980s, she was sexually abused by a teacher employed by respondent Elmira City School District. In December 2002, she filed an application for leave to serve a late notice of claim against the district pursuant to General Municipal Law § 50-e (5). Supreme Court denied the motion. Petitioner appeals.

In order to timely institute a tort action against a school district, a notice...

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