CPC_p009

CP042015

Advertorial Legally Speaking By: Scott Baron, Attorney at Law HORSING AROUND Q: In the middle of May, my daughter was playing in the school yard. The students were horsing around. One of them hurt Angel’s ankle. School personnel observed this event. They sent my daughter to the school nurse, who made a report. Until the Fall, I was not aware of the severity of Angel’s injuries. Now I want to retain an attorney and serve a notice of claim upon the school district. My friends say it’s too late. A: Under section 50-e(1)(a) of the General Municipal Law, where a notice of claim is required, it generally must be served within ninety days after the claim arises. Occasionally, the court can permit a late notice of claim, after considering whether you have a reasonable excuse, the school district or other public entity already knew about the incident, and the entity has not been substantially prejudiced in its ability to maintain its defense. To show a reasonable excuse, it is best to have hard medical evidence sufficient to indicate that you could not have been expected readily to appreciate the severity of your daughter’s injuries. If you bring a claim, it will be that the district failed properly to instruct, supervise, monitor and control students during the recess. The court is interested in whether the district already knew, before your notice, about the wildness in the school yard that day. It may be hoped that your attorney can go to bat and win this for you, but do not be shocked if the court refuses to permit the suit, reasoning that your delay in serving a notice of claim beyond the ninety-day period has prejudiced the district in its ability to defend itself. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Honoring Your Loved Ones Guiding Your Family With Compassion Sinai Chapels respects all Jewish traditions and customs, has a compassionate staff that is second to none, and has three generations of experience serving New York’s Jewish families. Funeral Directors & Planners 162-05 Horace Harding Expressway | Fresh Meadows, NY 11365 718.445.0300 | 800.446.0406 www.JewishFunerals.com We are here 24 hours to serve your family. www.queenscourier.com | april 2015 | CRYDER POINT COURIER 9 LJC@loucarino.com • Dignified and comfortable chapel, located in Fresh Meadows, Queens • Funeral services at locations throughout the New York Metro area • Costs are reasonable and all family budgets are accommodated • Ceremonially correct services for all Jewish religious movements • DVD and real-time webcast of chapel services, at no additional cost • Our staff Rabbi is available to answer your questions • Experts to guide monument selection • FDIC insured pre-planning INTERNS WANTED NEWSPAPER IN QUEENS EDITORIAL & WEB editorial@queenscourier.com


CP042015
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