IN THE MATTER OF COOK v. SCHUYLERVILLE CENTRAL SCHOOL DISTRICT


28 A.D.3d 921 (2006)

813 N.Y.S.2d 569

In the Matter of LORI COOK, Individually and as Parent and Guardian of KAYLEE MARY COOK, an Infant, Respondent, v. SCHUYLERVILLE CENTRAL SCHOOL DISTRICT, Appellant.

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

April 13, 2006.


Lahtinen, J.

Two years after petitioner's infant daughter is alleged to have injured herself during cheerleading practice on respondent's premises, petitioner moved for leave to serve a late notice of claim contending that her injury was a result of the negligence of respondent's employees. Supreme Court granted petitioner's application, prompting this appeal.

The decision to allow the late filing of a notice of...

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