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MATTER OF VELAIRE v. CITY OF SCHENECTADY

202 A.D.2d 926 (1994)

610 N.Y.S.2d 885

In the Matter of Vici Velaire, Appellant, v. City of Schenectady, Respondent

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

March 31, 1994

Not only has petitioner been unsuccessful in providing a reasonable excuse for her delay in serving a timely notice of claim, but she has also failed to establish that respondent acquired actual knowledge of the essential facts constituting her causes of action within 90 days of their accrual or within a reasonable time thereafter. Moreover, evidence exists that the delay in filing the claim may prejudice respondent in maintaining...

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