Student injured during baseball practice brought personal injury action against school district. School district moved to dismiss, and student moved for leave to serve late notice of claim. The Supreme Court granted plaintiff’s motion. School district appealed.
The Supreme Court, Appellate Division, held that School district employees had actual knowledge of essential facts underlying legal theories on which liability was predicated well within 90–day statutory period, as required for leave to serve late notice of claim in student’s personal injury action against school district.
Two weeks before injury during baseball practice, student sustained ankle injury at school, in connection with first injury, student wore visible air cast on his leg, school made accommodations for his injury, and student did not participate in gym or sports activities, and school had in possession a note from student’s doctor advising that he should not participate in sports until reevaluation, before scheduled reevaluation had occurred, baseball coach directed student to act as goalie in “handball” game during baseball practice, coach was present when student fell and injured shoulder, and coach filled out accident report which was signed by school nurse and principal and retained in school records.