MATTER OF SLOAN v. COUNTY OF WESTCHESTER


175 A.D.2d 838 (1991)

In the Matter of Rita Sloan et al., Respondents, v. County of Westchester et al., Appellants

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

August 12, 1991


Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, we conclude that the Supreme Court properly exercised its discretion by permitting the petitioners to serve a late notice of claim. The absence of an acceptable excuse for the delay does not compel denial of the application where, as here, the record establishes that the public corporation received actual knowledge of the facts within 90 days of the alleged malpractice...

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