HELEN TURNER WILLIAMS, res, v. LUIS H. GONZALEZ def, CHAPPAQUA CENTRAL SCHOOL DISTRICT ap

HELEN TURNER WILLIAMS, res, v. LUIS H. GONZALEZ def, CHAPPAQUA CENTRAL SCHOOL DISTRICT ap — (INDEX NO. 54962/11)In an action to recover damages for personal injuries, etc., the defendant Chappaqua Central School District appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Tolbert, J.), dated May 2, 2012, as granted that branch of the plaintiffs' motion which was pursuant to General Municipal Law §50-e6. for leave to serve an amended notice of claim upon it and denied its cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it or, alternatively, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it, and the defendant Town of New Castle separately appeals, as limited by its brief, from so much of the same order as granted that branch of the plaintiffs' motion which was pursuant to General Municipal Law §50-e5. for leave to serve a late notice of claim upon it.

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HELEN TURNER WILLIAMS, res, v. LUIS H. GONZALEZ def, CHAPPAQUA CENTRAL SCHOOL DISTRICT ap — (INDEX NO. 54962/11)In an action to recover damages for personal injuries, etc., the defendant Chappaqua Central School District appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Tolbert, J.), dated May 2, 2012, as granted that branch of the plaintiffs’ motion which was pursuant to General Municipal Law §50-e6. for leave to serve an amended notice of claim upon it and denied its cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it or, alternatively, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it, and the defendant Town of New Castle separately appeals, as limited by its brief, from so much of the same order as granted that branch of the plaintiffs’ motion which was pursuant to General Municipal Law §50-e5. for leave to serve a late notice of claim upon it.

ORDERED that the order is modified, on the law, 1. by deleting the provision thereof denying that branch of the cross motion of the defendant Chappaqua Central School District which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, and substituting therefor a provision granting that branch of the cross motion, and 2. by deleting the provision thereof granting that branch of the plaintiffs’ motion which was pursuant to General Municipal Law §50-e6. for leave to serve an amended notice of claim upon the defendant Chappaqua Central School District, and substituting therefor a provision denying that branch of the motion as academic; as so modified, the order is affirmed insofar as appealed from, one bill of costs to the defendant Chappaqua Central School District payable by the plaintiffs and one bill of costs to the plaintiffs payable by the defendant Town of New Castle.

HELEN TURNER WILLIAMS, res, v. LUIS H. GONZALEZ def, CHAPPAQUA CENTRAL SCHOOL DISTRICT ap

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