June 5, 2015

Notice of claim as a condition precedent.

Practice point:  Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to the commencement of a tort action against a public corporation or any employee thereof, pursuant to Education Law § 3813[2] and General Municipal Law §§ 50-e[1][a]; 50-i[1][a].

Student note:  A school district is a public corporation.

Case:  Cassidy v. Riverhead Cent. Sch. Dist., NY Slip Op 04442 (2d Dept. 2015)

Here is the decision.

Monday's issue:  Summary judgment in a medical malpractice action.