Smith v. Collins

Full title: KATHERINE A. SMITH, Appellant, v. KATHRYN COLLINS, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 20, 1995

221 A.D.2d 518 (N.Y. App. Div. 1995)

634 N.Y.S.2d 401

Opinion

November 20, 1995

Appeal from the Supreme Court, Nassau County (Burke, J.).

Ordered that the order is affirmed, with costs.

The alleged defamatory statements were made by the defendant while acting in the discharge of her duties within the scope of her employment. Accordingly, the plaintiff was required to serve a notice of claim prior to commencement of the action, and her failure to do so justified dismissal of the action (see, Education Law § 3813; Agins v Darmstadter, 153 A.D.2d 600). Mangano, P.J., Miller, Santucci and Hart, JJ., concur.