MATTER OF DEEGAN v. CITY OF NEW YORK


227 A.D.2d 620 (1996)

643 N.Y.S.2d 596

In the Matter of Francis J. Deegan et al., Respondents, v. City of New York, Appellant

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

May 28, 1996


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

The Supreme Court improvidently exercised its discretion in granting the petitioners' application for leave to serve a late notice of claim. The key factors to be considered in adjudicating a petition of this nature are: (1) whether the claimant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, (2) whether the municipality acquired...

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