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In the Matter of Ann Hoffman, Individually and as Administratrix of the Estate of James L. Hoffman, Deceased, Respondent, v. Lakeshore Central High School et al., Appellants

New York Supreme Court, Appellate Division2001-12-21
289 A.D.2d 1025735 N.Y.S.2d 452

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Opinion

majority opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted claimants’ motion for leave to serve a late notice of claim against respondents pursuant to Education Law § 3813 (2-a). Decedent, James L. Hoffman, was injured when he fell from a scaffold in the course of his employment with a company retained by respondents to conduct a multimillion dollar renovation of respondent high school. The court properly weighed the factors set forth in Education Law § 3813 (2-a), which are the same as those set forth in General Municipal Law § 50-e (5), and did not abuse its discretion in granting the motion (see, Matter of Bowman v Capital Dist. Transp. Auth., 244 AD2d 638). (Appeal from Order of Supreme Court, Erie County, Glownia, J. — Notice of Claim.) Present — Hayes, J. P., Scudder, Burns, Gorski and Lawton, JJ.