MATTER OF LANDA v. CITY OF NEW YORK


252 A.D.2d 525 (1998)

675 N.Y.S.2d 377

In the Matter of Denis Landa, Appellant, v. City of New York et al., Respondents

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

July 13, 1998


Ordered that the order is affirmed, with costs.

In determining whether to permit late service of the petitioner's notice of claim, the Supreme Court properly considered whether there was a reasonable excuse for the delay, whether the respondents acquired actual knowledge of the facts constituting the claim within 90 days or a reasonable time thereafter, and whether the respondents' defense would be substantially prejudiced...

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