Hess v. West Seneca Central School District — 15 N.Y.3d 813

Majority

p. 813

[934 NE2d 879, 908 NYS2d 146]

In the Matter of Elizabeth Hess, as Parent and Guardian of Jason Hess, an Infant, Respondent, v West Seneca Central School District, Appellant, et al, Respondents.

Decided September 2, 2010

p. 814

APPEARANCES OF COUNSEL

Baxter Smith & Shapiro, P.C., West Seneca (Louis B. Dingeldey, Jr., of counsel), for appellant.

Collins & Brown, LLC, Buffalo (Charles H. Cobb of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and that part of claimant’s application that sought to file a late notice of claim against West Seneca Central School District (WSCSD) denied. We agree with the Appellate Division dissenters that claimant’s proposed negligence claim against WSCSD patently lacks merit because WSCSD established that it did not create or have responsibility for the allegedly hazardous condition of the intersection where claimant’s son was injured (see Pratt v Robinson, 39 NY2d 554 , 560 [1976]; cf. Ernest v Red Cr. Cent. School Dist., 93 NY2d 664 , 671 [1999]; see also Matter of Catherine G. v County of Essex, 3 NY3d 175 , 179 [2004] [“(l)eave is not appropriate for a patently meritless claim”]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

Cases cited

Pratt v. Robinson 39 NY2d 554 N.Y. 1976-05-13 at 560 p. 814
Ernest v. Red Creek Central School District 93 NY2d 664 N.Y. 1999-07-08 at 671 p. 814
Catherine G. v. County of Essex 3 NY3d 175 N.Y. 2004-10-14 at 179 p. 814