DIEZ v. LEWISTON-PORTER CENT. SCH. DIST.

495 CA 15-01775.

140 A.D.3d 1665 (2016)

34 N.Y.S.3d 283

2016 NY Slip Op 04563

ANDREA ROTELLA DIEZ, as Parent and Natural Guardian of A.R., an Infant, Respondent, v. LEWISTON-PORTER CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided June 10, 2016.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the application is denied.

Memorandum: Supreme Court abused its discretion in granting claimant's application for leave to serve a late notice of claim almost three years and eight months after the accident in question occurred. "In determining whether to grant such leave, the court must consider, inter alia, whether the claimant has shown a reasonable excuse...

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