FEE v. COUNTY OF NASSAU


269 A.D.2d 489 (2000)

703 N.Y.S.2d 261

FRANCIS FEE, Respondent, v. COUNTY OF NASSAU, Appellant, et al., Defendants.

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

Decided February 22, 2000.


Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the application is denied.

When a plaintiff is seeking leave to serve a late notice of claim, the court must consider whether the plaintiff has demonstrated a reasonable excuse for his or her failure to serve a timely notice of claim, whether the municipality to be served acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual...

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