Matter of Monfort v Rockville Centre Union Free School District

Infant petitioner was running laps around the track at South Side High School in Rockville Centreduring a girls’ varsity lacrosse team practice when she was allegedly “blind-sided by a flying discus”. Petitioner was seeking to impose liability on the school district based on a theory of inadequate supervision. She was granted her petition for permission to serve a late notice upon the District in November 2007. This decision was then appealed.

The infant petitioner failed to submit an affidavit with all the facts in a timely fashion and instead only provided her attorney’s affirmation. The petition was not backed up by any testimony or evidence to prove that the District was aware of the facts of the claim within 90 days of the accident.

Accordingly, the Court ordered the judgment reversed, with costs, and denied the petition.