MATTER OF D'AGOSTINO v. CITY OF NEW YORK

2015-11596, Index No. 6799/15.

146 A.D.3d 880 (2017)

2017 NY Slip Op 00302

46 N.Y.S.3d 635

In the Matter of ROSALEE D'AGOSTINO et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 18, 2017.


Ordered that the order is affirmed, with costs.

"In determining whether to grant leave to serve a late notice of claim, the court must consider all relevant circumstances, including whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the claimant made an excusable error concerning the identity of the public corporation, (3) the delay would...

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