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MTR OF NEWCOMB v. MIDDLE SCH.

No. 198.

28 N.Y.3d 455 (2016)

68 N.E.3d 714

45 N.Y.S.3d 895

2016 NY Slip Op 08581

In the Matter of RAYMOND NEWCOMB et al., Appellants, v. MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT, Respondent.

Court of Appeals of New York.

Decided December 22, 2016.

Attorney(s) appearing for the Case

Law Offices of Paul A. Montuori, P.C., Mineola ( Paul A. Montuori of counsel), for appellants.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale ( Christine Gasser of counsel), for respondent.

Michaels & Smolak, P.C., Auburn ( Michael G. Bersani of counsel), for New York State Academy of Trial Lawyers, amicus curiae.

Edward H. Gersowitz , New York State Trial Lawyers Association, New York City, and Pollack Pollack Isaac & De Cicco, LLP, New York City ( Brian J. Isaac of counsel), for New York State Trial Lawyers Association, amicus curiae.

OPINION OF THE COURT

The issue in this appeal is whether the lower courts abused their discretion in denying petitioner's motion for leave to serve a late notice of claim.1 We conclude that it is an abuse of discretion as a matter of law when, as here, a court determines, in the absence...

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