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MATTER OF MOREHEAD v. WESTCHESTER COUNTY

222 A.D.2d 507 (1995)

635 N.Y.S.2d 65

In the Matter of James R. Morehead II et al., Appellants, v. Westchester County et al., Respondents

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

December 11, 1995

Ordered that the order is affirmed, with costs.

In considering whether to grant an application for leave to serve a late notice of claim, General Municipal Law § 50-e (5) instructs the court to consider, "in particular": (1) whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days or a reasonable time thereafter, (2) whether the claimant was an infant or mentally...

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