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MATTER OF PERRAULT v. NEW YORK CITY TRANSIT AUTH.

234 A.D.2d 464 (1996)

651 N.Y.S.2d 134

In the Matter of Robin Perrault, Respondent, v. New York City Transit Authority, Appellant

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

December 16, 1996

Ordered that the order is reversed, as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

In determining whether to grant or deny a motion to serve a late notice of claim, the key factors to consider are whether the petitioner has met his or her burden to show (1) that the municipality acquired actual knowledge of the essential facts of the claim within the statutory 90-day period...

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