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MATTER OF DUKE v. NEW YORK CITY HOUS. AUTH.

237 A.D.2d 520 (1997)

656 N.Y.S.2d 885

In the Matter of Winston Duke, Respondent, v. New York City Housing Authority, Appellant

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

March 24, 1997

Ordered that the order is reversed, with costs, the application is denied, and the petition is dismissed.

The key factors to be considered in deciding an application for leave to serve a late notice of claim are whether the petitioner demonstrated a reasonable excuse for the delay, whether the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, and whether the ability...

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