Practice point: In order to commence a tort action against a school district, a claimant must serve a notice of claim within 90 days of the alleged injury, pursuant to Education Law § 3813[2] and General Municipal Law §§ 50-e[1][a]; 50-i[1].
Practitioners should note that, pursuant to General Municipal Law § 50-e(5), the court may, in its discretion, extend the time to serve a notice of claim.
Case: Grogan v. Seaford Union Free School Dist., NY Slip Op 01197 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Settlement agreements.
