Doukas v. East Meadow Union Free School Dist.
| Decision Date | 16 November 1992 |
| Citation | 590 N.Y.S.2d 226,187 A.D.2d 552 |
| Parties | , 79 Ed. Law Rep. 200 Elizabeth M. DOUKAS, etc., et al., Appellants, v. EAST MEADOW UNION FREE SCHOOL DISTRICT, Respondent, et al., Defendant. |
| Court | New York Supreme Court — Appellate Division |
Stephen David Fink, Forest Hills, for appellants.
Kroll & Tract, Mineola (Tracy Starasoler, of counsel), for respondent.
Before BRACKEN, J.P., and LAWRENCE, O'BRIEN and SANTUCCI, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Robbins, J.), dated February 13, 1990, which denied their application pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim upon the respondent.
ORDERED that the order is affirmed, with costs.
On December 20, 1988, the infant plaintiff, who was 14 years old, was allegedly assaulted by another student outside the junior high school he attended, prior to commencement of classes. The plaintiff's mother brought him to Nassau County Medical Center, where he was found to have sustained a fracture of the proximal third of the humerus. The matter was pursued against the other student in Family Court. However, a notice of claim was not served upon the respondent school district until August 28, 1989, well after the 90-day statutory period. By notice of motion dated January 9, 1990, the plaintiffs moved for leave to serve a late notice of claim and at that time also served a summons and complaint against the school district, the student who allegedly assaulted the infant plaintiff, and the parent of the student, alleging, inter alia, inadequate supervision by employees of the school district. In support of the motion, the plaintiffs set forth no facts to support their conclusory assertion that the school district thoroughly investigated its role in the incident. The motion was denied. We affirm.
The plaintiffs have failed to "allege adequate facts to establish that the school distric[t] had actual knowledge of the facts underlying the claim of its negligence within a reasonable time after the [incident] occurred" (Matter of Katz v. Rockville Centre Union Free School Dist., 131 A.D.2d 574, 575, 516 N.Y.S.2d 289; Fox v. City of New York, 91 A.D.2d 624, 456 N.Y.S.2d 806; cf., Matter of Strevell v. South Colonie Cent. School Dist., 144 A.D.2d 733, 535 N.Y.S.2d 147; Matter of Tetro v. Plainview-Old Bethpage Cent. School Dist., 99 A.D.2d 814,...
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