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CHIRSE v. CITY SCHOOL DISTRICT OF ALBANY

510376.

83 A.D.3d 1232 (2011)

920 N.Y.S.2d 841

LUCHANA CHIRSE, an Infant, by VANESSA McGREGOR, Her Grandmother and Guardian, et al., Respondents-Appellants, v. CITY SCHOOL DISTRICT OF ALBANY et al., Appellants-Respondents.

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

Decided April 14, 2011.

SPAIN, J.P.

Plaintiffs commenced this action seeking damages for injuries allegedly sustained by then-infant plaintiff Luchana Chirse (hereinafter plaintiff) while descending a rope in gym class at Arbor Hill Elementary School in the City of Albany.1 Pursuant to General Municipal Law § 50-e, plaintiffs filed a notice of claim on July 11, 2006, asserted that the incident causing the injury occurred on April 12, 2006 and that, as a...

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