August 19, 2011

Notice of claim.

Practice point: Service of the notice within 90 of the claim's accrual is a condition precedent to commencing a suit against a school district.

Student note: Plaintiff may not plead a theory of liability that was not included in the notice.

Case: O'Connor v. Huntington School District, NY Slip Op 06222 (2d Dept. 2011).

Here is the decision.

Listen here.

Monday's issue: Inter vivos gifts.