MATTER OF BAGLIVI v. TOWN OF SOUTHOLD


301 A.D.2d 597 (2003)

754 N.Y.S.2d 43

In the Matter of JOHN A. BAGLIVI, Appellant, v. TOWN OF SOUTHOLD, Respondent.

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

Decided January 21, 2003.


Ordered that the judgment is affirmed, with costs.

In deciding a petition for leave to serve a late notice of claim, the Supreme Court must consider whether the petitioner has demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and whether the delay would substantially...

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