Appellate Division of the Supreme Court of New York, 2000

Ryder v. Garden City School District

Appellate Division of the Supreme Court of New York · Decided November 20, 2000

277 A.D.2d 388; 716 N.Y.S.2d 97; 2000 N.Y. App. Div. LEXIS 12161

Cases that cite this one

27 later published cases cite this decision. The 25 that cite it most often are listed here.

Pappalardo v. City of New York (Appellate Division of the Supreme Court of New York 2003)
Y. P. v. City of New York (Appellate Division of the Supreme Court of New York 2024)
Matter of R. M. v. Board of Educ. of the Long Beach City Sch. Dist. (Appellate Division of the Supreme Court of New York 2023)
Dominguez v. State of New York (Appellate Division of the Supreme Court of New York 2023)
Matter of D'Agostino v. City of New York (Appellate Division of the Supreme Court of New York 2017)
Ramirez v. City of New York (Appellate Division of the Supreme Court of New York 2016)
Matter of Clark v. City of New York (Appellate Division of the Supreme Court of New York 2016)
Horn Ex Rel. Horn v. Bellmore Union Free School District (Appellate Division of the Supreme Court of New York 2016)
Manuel v. Riverhead Central School District (Appellate Division of the Supreme Court of New York 2014)
Manuel v. Riverhead Central School District (Appellate Division of the Supreme Court of New York 2014)
Castro v. Clarkstown Central School District (Appellate Division of the Supreme Court of New York 2009)
Felice v. Eastport/South Manor Central School District (Appellate Division of the Supreme Court of New York 2008)
Vicari v. Grand Avenue Middle School (Appellate Division of the Supreme Court of New York 2008)
Jantzen v. Half Hollow Hills Central School (Appellate Division of the Supreme Court of New York 2008)
Doyle v. Elwood Union Free School District (Appellate Division of the Supreme Court of New York 2007)
Scolo v. Central Islip Union Free School District (Appellate Division of the Supreme Court of New York 2007)
March v. Town of Wappinger (Appellate Division of the Supreme Court of New York 2006)
Scott v. Huntington Union Free School District (Appellate Division of the Supreme Court of New York 2006)
Nacherlilla v. City of New York (Appellate Division of the Supreme Court of New York 2006)
Henriques v. City of New York (Appellate Division of the Supreme Court of New York 2005)
Greene v. City of Middletown (Appellate Division of the Supreme Court of New York 2004)
Lennon v. Roosevelt Union Free School District (Appellate Division of the Supreme Court of New York 2004)
del Carmen v. Brentwood Union Free School District (Appellate Division of the Supreme Court of New York 2004)
Igneri v. New York City Board of Education (Appellate Division of the Supreme Court of New York 2003)
Corrales v. Middle Country Central School District (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Nassau County (Phelan, J.), dated January 20, 2000, which granted the application.

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

On October 7, 1998, the respondent Thomas M. Ryder, then a student at Garden City High School, allegedly was injured during football practice when he was hit by another student. Approximately 11 months later, the respondents commenced the instant proceeding for leave to serve a late notice of claim on the appellant, the Garden City School District.

We agree with the appellant that the Supreme Court improvidently exercised its discretion in granting the respondents leave to serve a late notice of claim. The respondents did not seek leave to serve a late notice of claim until approximately 11 months after the accident, and they failed to proffer any excuse for this delay (see, Pierce v New York City Hous. Auth., 43 AD2d 842).

Furthermore, there is no evidence that the appellant acquired actual knowledge of the facts constituting the negligent supervision claim within 90 days or a reasonable time thereafter so as to obviate prejudice to the appellant. While the appellant’s Athletic Director filled out an accident *389claim form two days after the incident, the form indicated only that Thomas M. Ryder was hit and injured by another player during supervised football practice. This form cannot fairly be said to have apprised the appellant of the claim that school personnel negligently failed to supervise students (see, Matter of Dunlea v Mahopac Cent. School Dist., 232 AD2d 558; accord, Matter of Baldi v Mt. Sinai School Dist., 254 AD2d 414).

Accordingly, the appellant had no reason to conduct a prompt investigation into the purported negligence, and it therefore would be prejudiced if compelled to prepare a defense to the claim at this late date (see, Matter of Dunlea v Mahopac Cent. School Dist., supra). Given these circumstances, the Supreme Court should have denied the petition. Ritter, J. P., Thompson, Friedmann, H. Miller and Feuerstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.