MATTER OF PRUDEN v. NEW YORK CITY BD. OF EDUC.


235 A.D.2d 426 (1997)

652 N.Y.S.2d 96

In the Matter of Gwendolyn Pruden, Appellant, v. New York City Board of Education et al., Respondents

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

January 13, 1997


Ordered that the order is affirmed, with costs.

In determining whether leave to serve a late notice of claim should be granted, it has been repeatedly held that a court should consider the following key factors: whether the petitioner has demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days from its accrual or a reasonable...

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