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GROGAN v. SEAFORD UNION FREE SCHOOL DISTRICT

59 A.D.3d 596 (2009)

873 N.Y.S.2d 225

MATTHEW GROGAN et al., Appellants, v. SEAFORD UNION FREE SCHOOL DISTRICT, Respondent, et al., Defendants.

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

Decided February 17, 2009.

Ordered that the order is affirmed, with costs.

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 (see Education Law § 3813[2]; General Municipal Law § 50-e[1][a]; § 50-i[1]; Forrest v Berlin Cent. School Dist., 29 A.D.3d 1230 [2006]). Pursuant to General Municipal Law § 50-e(5), the court may, in its discretion...

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