McDONALD v. CITY OF NEW YORK


234 A.D.2d 351 (1996)

651 N.Y.S.2d 336

John McDonald, Appellant, v. City of New York, Respondent, et al., Defendants

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

December 9, 1996


Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the plaintiff failed to demonstrate (1) a reasonable excuse for failing to serve a timely notice of claim, (2) that the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days after its accrual or a reasonable time thereafter, or (3) that the delay would not substantially prejudice the municipality in maintaining its defense on the merits...

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