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TROY v. TOWN OF HYDE PARK

63 A.D.3d 913 (2009)

882 N.Y.S.2d 159

REBECCA TROY et al., Respondents, v. TOWN OF HYDE PARK, Defendant, and HYDE PARK CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided June 16, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, the facts, and in the exercise of discretion, that branch of the plaintiffs' motion which was to deem their notice of claim timely served upon the defendant Hyde Park Central School District, nunc pro tunc, is denied, and the cross motion of the defendant Hyde Park Central School District to dismiss the complaint insofar as asserted against it is granted.

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