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MATTER OF CLARK v. CITY OF NEW YORK

292 A.D.2d 605 (2002)

739 N.Y.S.2d 624

In the Matter of ROBERT CLARK, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 25, 2002.

Ordered that the order is affirmed, with costs.

The Supreme Court, in its discretion, may grant an application for leave to serve a late notice of claim (see General Municipal Law § 50-e [5]). The key factors which the court must consider are whether the movant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the municipality or agency acquired actual notice of the...

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