Scott v. Huntington Union Free Sch. Dist., 29 A.D.3d 1010 (N.Y. App. Div. 2006). · Go Syfert
Scott v. Huntington Union Free Sch. Dist., 29 A.D.3d 1010 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 1 distinct court.
Strongest positive: S.A.N. v. New York City Hous. Auth. (nyappdiv, 2024-12-17)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (rule) S.A.N. v. New York City Hous. Auth. (2×)
N.Y. App. Div. · 2024 · confidence medium
Dist. (186 AD3d 1316, 1318 [2d Dept 2020]), Matter of Brown v City of New York (174 AD3d 800, 801 [2d Dept 2019]), and Matter of Scott v Huntington Union Free School Dist. (29 AD3d 1010, 1011 [2d Dept 2006]).Consequently, NYCHA's reliance on these cases is misplaced.
cited Cited as authority (rule) Matter of Saponara v. Lakeland Cent. School Dist.
N.Y. App. Div. · 2016 · confidence medium
Dist. [#14], 110 AD3d 905 , 907 [2013]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544, 545 [2007]; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1011 [2006]).
discussed Cited as authority (rule) Matter of Lamprecht v. Eastport-South Manor Cent. Sch. Dist.
N.Y. App. Div. · 2015 · confidence medium
Dist. [#14], 110 AD3d 905 , 907 [2013]; Matter of Joseph v City of New York, 101 AD3d 721, 722 [2012]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544, 545 [2007]; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1011 [2006]).
discussed Cited as authority (rule) Alas Ex Rel. De Rosales v. Brentwood Health Center
N.Y. App. Div. · 2014 · confidence medium
The plaintiffs failure to include a proposed notice of claim with the papers in support of her cross motion was a sufficient basis for denying her cross motion for leave to serve a late notice of claim (see General Municipal Law § 50-e [7]; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1010 [2006]).
discussed Cited as authority (rule) Sparrow v. Hewlett-Woodmere Union Free School District
N.Y. App. Div. · 2013 · confidence medium
While a student incident report and a medical claim form were prepared by the school’s nurse and principal on the date of the accident, these papers, which merely indicated that the infant was injured when she fell from the monkey bars on the school’s playground during recess, did not provide the respondent with actual knowledge of the essential facts underlying the claim that the monkey bars were dangerous, unsafe, and negligently maintained, or that the respondent did not adequately supervise their use (see Matter of Joseph v City of New York, 101 AD3d 721, 722 [2012]; Matter of Doyle v …
discussed Cited as authority (rule) Sparrow v. Hewlett-Woodmere Union Free School District
N.Y. App. Div. · 2013 · confidence medium
While a student incident report and a medical claim form were prepared by the school’s nurse and principal on the date of the accident, these papers, which merely indicated that the infant was injured when she fell from the monkey bars on the school’s playground during recess, did not provide the respondent with actual knowledge of the essential facts underlying the claim that the monkey bars were dangerous, unsafe, and negligently maintained, or that the respondent did not adequately supervise their use (see Matter of Joseph v City of New York, 101 AD3d 721, 722 [2012]; Matter of Doyle v …
discussed Cited as authority (rule) Gunsam v. Eastern Suffolk Board of Cooperative Educational Services
N.Y. App. Div. · 2013 · confidence medium
Furthermore, while the principal and the nurse of the learning center, and the injured petitioner’s aide, were aware that the injured petitioner was injured when he was struck by the lunch bag, the petitioners did not establish that the appellant had timely, actual knowledge of the essential facts underlying their claim that another student assaulted the injured petitioner as a result of the appellant’s employees’ negligent supervision (see Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Padovano v Massapequa Union Free School Dist., 31 AD3d …
discussed Cited as authority (rule) Gunsam v. Eastern Suffolk Board of Cooperative Educational Services
N.Y. App. Div. · 2013 · confidence medium
Furthermore, while the principal and the nurse of the learning center, and the injured petitioner’s aide, were aware that the injured petitioner was injured when he was struck by the lunch bag, the petitioners did not establish that the appellant had timely, actual knowledge of the essential facts underlying their claim that another student assaulted the injured petitioner as a result of the appellant’s employees’ negligent supervision (see Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Padovano v Massapequa Union Free School Dist., 31 AD3d …
discussed Cited as authority (rule) Joseph v. City of New York
N.Y. App. Div. · 2012 · confidence medium
While an occurrence report was prepared by the New York City Department of Education about two weeks after the accident, that report, which merely indicated that the petitioner had been injured in the cafeteria when she fell as she was getting up from a lunch table, did not establish that the appellants had timely, actual knowledge of the essential facts underlying her claim of negligent supervision (see Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544 [2007]; Matter of Scott v Huntington Union Fre…
cited Cited as authority (rule) Farfan v. City of New York
N.Y. App. Div. · 2012 · confidence medium
Islip, 36 AD3d 920, 922 [2007]; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1010 [2006]).
discussed Cited as authority (rule) Joseph v. City of New York
N.Y. App. Div. · 2012 · confidence medium
While an occurrence report was prepared by the New York City Department of Education about two weeks after the accident, that report, which merely indicated that the petitioner had been injured in the cafeteria when she fell as she was getting up from a lunch table, did not establish that the appellants had timely, actual knowledge of the essential facts underlying her claim of negligent supervision (see Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544 [2007]; Matter of Scott v Huntington Union Fre…
cited Cited as authority (rule) Farfan v. City of New York
N.Y. App. Div. · 2012 · confidence medium
Islip, 36 AD3d 920, 922 [2007]; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1010 [2006]).
cited Cited as authority (rule) Estate of Curreri v. New York City Housing Authority
N.Y. App. Div. · 2011 · confidence medium
Islip, 36 AD3d 920, 922 [2007]; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1010 [2006]; Losavio v Stein, 98 AD2d 742 [1983]).
cited Cited as authority (rule) Godfrey v. City of New Rochelle
N.Y. App. Div. · 2010 · confidence medium
School Dist., 50 AD3d at 148 ; Matter of Scott v Huntington Union Free School Dist., 29 AD 3d 1010, 1011 [2006]).
discussed Cited as authority (rule) Jantzen v. Half Hollow Hills Central School
N.Y. App. Div. · 2008 · confidence medium
This statement was insufficient to establish that the appellant acquired, within 90 days or a reasonable time after the accident, actual knowledge of the essential facts constituting the present claim that the appellant was negligent in supervising or positioning the members of the wrestling team during the scrimmage (see Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104 [2007]; Matter of Padovano v Massapequa Union Free School Dist., 31 AD3d 563 [2006]; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1011 [2006]; Conte v Valley Stream Cent.
discussed Cited as authority (rule) Vicari v. Grand Avenue Middle School
N.Y. App. Div. · 2008 · confidence medium
General knowledge of the wrong is insufficient to satisfy the statute (see Matter of Padovano v Massapequa Union Free School Dist., 31 AD3d 563, 564 [2006]; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1011 [2006]).
discussed Cited as authority (rule) Felice v. Eastport/South Manor Central School District
N.Y. App. Div. · 2008 · confidence medium
We held that the school district’s knowledge of the injury, and that it was caused when the petitioner was hit by another player, did not apprise the school district of the claim that school personnel negligently supervised the student players (see also Bridgeview at Babylon Cove Homeowners Assn., Inc. v Incorporated Vil. of Babylon, 41 AD3d 404 [2007]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544, 545 [2007]; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1011 [2006]; Conte v Valley Stream Cent.
discussed Cited as authority (rule) Scolo v. Central Islip Union Free School District
N.Y. App. Div. · 2007 · confidence medium
Furthermore, while the school’s nurse prepared an accident report at the time of the incident, that report, which merely indicated that the infant petitioner had been injured during a gym class as a result of an accident, did not establish that the School District had actual knowledge of the essential facts underlying her claim of negligent supervision within 90 days of the incident or a reasonable time thereafter (see Matter of Doyle v Elwood Union Free School Dist., supra; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1011 [2006]; Conte v Valley Stream Cent.
discussed Cited as authority (rule) James v. City of New York Department of Environmental Protection
N.Y. App. Div. · 2007 · confidence medium
Aside from the fact that no record evidence established the City’s receipt of the site accident report, that report, which was prepared by the private contractor after the accident, was not sufficiently specific to provide the City with the statutorily required notice (see Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1011 [2006]).
cited Cited as authority (rule) Narcisse v. Incorporated Village of Central Islip
N.Y. App. Div. · 2007 · confidence medium
Denial of the petition on this ground by itself would have been justified (see Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1010 [2006]).
Retrieving the full opinion text from the archive…
In the Matter of Kendall Scott
v.
Huntington Union Free School District
Appellate Division of the Supreme Court of the State of New York.
May 30, 2006.
29 A.D.3d 1010
Cited by 22 opinions  |  Published

In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the Huntington Union Free School District appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), entered October 18, 2005, which granted the petition.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the petition is denied.

The Supreme Court improvidently exercised its discretion in granting the petition. General Municipal Law § 50-e (7) provides, in pertinent part, “[w]here the application is for leave to serve a late notice of claim, it shall be accompanied by a copy of the proposed notice of claim.” Here, no proposed notice of claim was submitted as part of the petition. This was sufficient justification by itself to deny the petition (see General Municipal Law § 50-e [7]; Perre v Town of Poughkeepsie, 300 AD2d 379, 380 [2002]). Moreover, the petitioner failed to establish that the Huntington Union Free School District (hereinafter the School District) had actual notice of the essential facts of[*1011] the claim within 90 days after the claim arose or a reasonable time thereafter. The petitioner failed to establish that the School District had notice or knowledge of the specific nature of the claim. Mere general knowledge that an injury has occurred is insufficient to provide the requisite notice (see Matter of Termini v Valley Stream Union Free School Dist. No. 13, 2 AD3d 866, 867 [2003]; Pappalardo v City of New York, 2 AD3d 699 [2003]; Matter of Gotten v County of Nassau, 307 AD2d 965, 967 [2003]; Matter of Brown v County of Westchester, 293 AD2d 748 [2002]). The accident claim form filled out by the petitioner also did not provide notice of the nature of his present negligence claim. It simply states, “[r]ight knee injured on school recess.” This document cannot fairly be said to have apprised the School District of the petitioner’s claim that the School District was negligent in supervising or equipping the tackle football game in which the petitioner participated at recess (see Matter of Conroy v Smithtown Cent. School Dist., 3 AD3d 492, 493 [2004]; Corrales v Middle Country Cent. School Dist., 307 AD2d 907 [2003]; Matter of Dunlea v Mahopac Cent. School Dist., 232 AD2d 558, 559-560 [1996]; Matter of Ryder v Garden City School Dist., 277 AD2d 388 [2000]).

Moreover, the petitioner did not have a valid excuse for the five-year delay in seeking to serve a notice of claim. The petitioner attributes the delay to his reliance on the representation of the School District that it would assume responsibility for the petitioner’s medical expenses. However, the petitioner failed to indicate when or where the School District allegedly made this promise. Even if this Court were to find that the payment by the School District of the petitioner’s medical expenses for three years excused the serving of a notice of claim during that time period, the petitioner offers no valid excuse for the additional two-year delay which ensued before this application being brought (see Matter of del Carmen v Brentwood Union Free School Dist., 7 AD3d 620, 621 [2004]).

Finally, since the School District did not have actual knowledge of the essential facts constituting the negligence claim until approximately five years after the date of the incident, it would be unduly prejudiced in its ability to prepare a defense (see Corrales v Middle Country Cent. School Dist., supra; Matter of Ryder v Garden City School Dist., supra at 389; Matter of Dunlea v Mahopac Cent. School Dist., supra at 560). Mastro, J.P., Rivera, Skelos and Covello, JJ., concur.