LOPEZ v. HICKSVILLE PUBLIC SCHOOL DISTRICT


289 A.D.2d 381 (2001)

734 N.Y.S.2d 878

LUZA M. LOPEZ et al., Respondents, v. HICKSVILLE PUBLIC SCHOOL DISTRICT, Appellant, et al., Defendant.

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

Decided December 17, 2001.


Ordered that the order is reversed, as a matter of discretion, with costs, the motion is denied, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

In determining whether to grant an application for leave to serve a late notice of claim, the court must consider (1) whether the public corporation acquired actual knowledge of the essential facts constituting the...

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