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Zimmet v. Huntington Union Free School District

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1992
589 N.Y.S.2d 546 (N.Y. App. Div. 1992)

Opinion

November 2, 1992

Appeal from the Supreme Court, Suffolk County (Lama, J.).


Ordered that the order is affirmed, with costs.

The record at bar establishes that on the day the petitioner was injured on school property, he was observed by a school aide and was tended to by the school nurse. Thereafter, the accident was reported to the school principal, an accident report was filled out, and medical insurance forms were filed, resulting in a partial reimbursement to the petitioner's family for the medical expenses incurred as a result of the injuries sustained due to the accident. Under these circumstances, we find that the petitioner adequately established that the school district had actual notice of the accident on the day that it occurred (see, Matter of Strevell v South Colonie Cent. School Dist., 144 A.D.2d 733; Pepe v Somers Cent. School Dist., 108 A.D.2d 799; Matter of Lockskin v South Colonie Cent. School Dist., 81 A.D.2d 929), and that the petitioner's fractured wrist was a serious enough injury to have "alerted respondent to the advisability of undertaking a thorough investigation of the incident" (Matter of DeGroff v Bethlehem Cent. School Dist., 92 A.D.2d 702). In addition, it is apparent that the petitioner's 14-month delay in filing a notice of claim was occasioned by his family's reliance upon the school district's representation that it would assume responsibility for the petitioner's medical expenses — at least part of which it paid before declining to cover the balance (see, Matter of Tetro v Plainview-Old Bethpage Cent. School Dist., 99 A.D.2d 814). Under the circumstances, the application for leave to serve a late notice of claim was properly granted. Thompson, J.P., Harwood, Balletta, Rosenblatt and Eiber, JJ., concur.


Summaries of

Zimmet v. Huntington Union Free School District

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1992
589 N.Y.S.2d 546 (N.Y. App. Div. 1992)
Case details for

Zimmet v. Huntington Union Free School District

Case Details

Full title:In the Matter of BENJAMIN A. ZIMMET, an Infant, by His Father and Natural…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 2, 1992

Citations

589 N.Y.S.2d 546 (N.Y. App. Div. 1992)
187 A.D.2d 436

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