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MATTER OF PADOVANO v. MASSAPEQUA UNION FREE SCHOOL DISTRICT

31 A.D.3d 563 (2006)

818 N.Y.S.2d 274

In the Matter of ELAINE PADOVANO, Respondent, v. MASSAPEQUA UNION FREE SCHOOL DISTRICT, Appellant.

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

July 11, 2006.

Ordered that the order is reversed insofar as appealed from, on the law and as an exercise of discretion, with costs, and upon reargument and renewal, the original determination contained in the order dated June 7, 2005 denying the petition and dismissing the proceeding, is adhered to.

Timely service of a notice of claim is a condition precedent to an action founded on tort and commenced against a school district (see...

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