MATTER OF SLATER v. VILL. OF HERKIMER


73 A.D.2d 1061 (1980)

In the Matter of John A. Slater, Appellant, v. Village of Herkimer, Respondent

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

January 24, 1980


Order unanimously reversed, without costs, and motion granted.

Memorandum:

Plaintiff appeals from an order denying him permission to file a late notice of claim which arose from an alleged collision between a vehicle driven by plaintiff and one of defendant's police vehicles. In determining this question, the court should inquire whether the defendant acquired actual knowledge of the facts constituting the claim within the 90-day statutory period or a reasonable...

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