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MATTER OF LODATI v. CITY OF NEW YORK

303 A.D.2d 406 (2003)

755 N.Y.S.2d 853

In the Matter of ANTHONY LODATI, 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 3, 2003.

Ordered that the order is affirmed, with costs.

It is well settled that the determination as to whether to grant leave to serve a late notice of claim lies within the sound discretion of the Supreme Court (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...

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