AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

JOHN F. SULLIVAN, Respondent, v. BOARD OF EDUCATION OF THE EASTCHESTER UNION FREE SCHOOL DISTRICT et al., Appellants.

Ordered that the order is affirmed, with costs.

Pursuant to the prior order of this court (Sullivan v Board of Educ., 131 A.D.2d 836), the plaintiff served an amended notice of claim and amended complaint to remedy omissions in the originals (see, General Municipal Law § 50-e; Tucker v Long Is. R.R. Co., 128 A.D.2d 517). The claims asserted in the amended complaint are based upon the same transactions and occurrences as the claims asserted in the original notice of claim and complaint. Since the defendants were provided with timely notice of the transactions and occurrences giving rise to the claims asserted in the amended complaint, it may properly be deemed to have been timely interposed pursuant to the relation-back provision of CPLR 203 (e) (see, Caffaro v Trayna, 35 N.Y.2d 245). Kunzeman, J.P., Rubin, Harwood and Balletta, JJ., concur.

Use AI to get other relevant cases.

Comments

SULLIVAN v. BD. OF EDUC. OF EASTCHESTER UN
(Oct 30, 1989)