KELLMAN v. HAUPPAUGE UNION FREE SCHOOL DIST.


120 A.D.3d 634 (2014)

991 N.Y.S.2d 128

2014 NY Slip Op 05844

JOSEPH J. KELLMAN, an Infant, by His Father and Natural Guardian, JOHN KELLMAN, Respondent, v. HAUPPAUGE UNION FREE SCHOOL DISTRICT et al., Appellants.

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

Decided August 20, 2014.


In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated July 15, 2013, which granted the plaintiff's cross motion for leave to serve a late notice of claim upon the defendants pursuant to General Municipal Law § 50-e (5) and denied the defendants' motion to dismiss the complaint on the ground that the plaintiff failed to timely serve a notice of claim.

Ordered that the...

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