HUBBARD v. COUNTY OF SUFFOLK


65 A.D.2d 567 (1978)

William G. Hubbard et al., Respondents, v. County of Suffolk et al., Appellants

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

October 10, 1978


Order affirmed, with $50 costs and disbursements.

Although the delay in filing the notice of claim was inexcusable, defendants have at all times had actual knowledge of the essential facts constituting the claim and have not been substantially prejudiced in maintaining their defense on the merits. Under these circumstances, it was not an abuse of discretion to grant the motion seeking leave to file a late notice...

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