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. www.mksallc.com info@mksallc.com Some of the most important learning that will ever happen has already taken place by the time a child is 4. Is your child on track? MKSA can answer your questions and guide you about your child’s development. 718-631-1110 or 888-239-0468 (Queens & Brooklyn) com Pediatric therapists wanted! Apply online at www.mksallc.com Reference WEB ID QBC 999 Look to us at a time when compassion and trust are needed the most. N e w l y R e n o v a t e d F a c i l i t i e s • Chapel, Family Gathering & Graveside Services Available • Arrangements Can be Made in the Comfort of Your Own Home • Live Broadcasting of Funerals Over the Internet • Monument and Inscription Services Available On-site • FDIC Insured Pre-Arrangements • On Staff Rabbi to Answer All Questions Call 24 Hours a Day, 7 Days a Week 718-896-9000 or 1-888-860-8616 PARKSIDE MEMORIAL CHAPELS INC. 98-60 Queens Boulevard • Forest Hills, NY Other Chapels Located in Rockville Center, Woodbury, Brooklyn, and in Florida in Dade County, Broward County, Palm Beach Counties www.parksidememorialchapels.com www.queenscourier.com | AUGUST 2015 | CRYDER POINT COURIER 9 Legally Speaking By: Scott Baron, Attorney at Law Advertorial 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 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 The Early Intervention Program is funded and regulated by the NYS Department of Health and the NYC Department of Health and Mental Hygiene. Services are provided at no out-of-pocket cost to families for children birth to age 3 who meet eligibility guidelines.
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