C.N. v. WEST ISLIP UNION FREE SCH. DIST.

Suffolk County Index No. 612799/21. 2021-08660.

215 A.D.3d 684 (2023)

187 N.Y.S.3d 271

2023 NY Slip Op 01801

C.N., Appellant, v. West Islip Union Free School District, Respondent.

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

Decided April 5, 2023.


Attorney(s) appearing for the Case

Parker Waichman, LLP, Port Washington, NY ( Jay L. T. Breakstone , of counsel), for appellant.

Volz & Vigliotta, PLLC, Nesconset, NY ( Joshua Shteierman of counsel), for respondent.

Dillon, J.P., Duffy, Christopher and Zayas, JJ., concur.


In an action, inter alia, to recover damages for negligent hiring and supervision, the plaintiff appeals from an order of the Supreme Court, Nassau County (Part CVA-R) (Steven J. Jaeger, J.), dated November 17, 2021. The order granted the defendant's motion pursuant to CPLR 3012(b) to dismiss the complaint for failure to timely serve the complaint.

Ordered that the order is reversed, on the law and in the exercise of discretion...

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