Opinion
Submitted January 10, 2000
February 24, 2000
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Dunn, J.), entered February 2, 1999, which granted the defendant's motion to dismiss the complaint.
Sanford L. Pirotin, P.C., Westbury, N.Y. (Robert T. Bean of counsel), for appellants.
Martin, Van de Walle, Donohue, McGahan, Catalano Fairgrieve, Jericho, N.Y. (Thomas C. Catalano, Jr., of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
On September 10, 1996, the infant plaintiff fractured her arm on school premises during recess. A timely notice of claim, dated November 22, 1996, was filed against the school, its principal, the school district, and the district superintendent. A summons and complaint were filed on August 27, 1998. In light of the decision of the Court of Appeals in Henry v. City of New York ( 94 N.Y.2d 275 [Dec. 20, 1999]) the complaint should be reinstated.