DOE v. BOARD OF EDUCATION OF LONGWOOD CENTRAL SCHOOLS


52 A.D.3d 767 (2008)

860 N.Y.S.2d 213

HEATHER DOE, Appellant, v. BOARD OF EDUCATION OF LONGWOOD CENTRAL SCHOOLS et al., Respondents.

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

Decided June 24, 2008.


Ordered that the order and judgment is affirmed, with costs.

At the time the defendant served a 90-day notice pursuant to CPLR 3216, nearly 11 years had passed since the events that gave rise to the complaint, and the plaintiff had failed to respond to the defendants' demands for a bill of particulars and discovery for nearly six years. Since the plaintiff failed to demonstrate "good cause" for this lack of activity, the Supreme Court providently exercised its discretion...

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