IN THE MATTER OF BITETTO v. CITY OF YONKERS


13 A.D.3d 367 (2004)

785 N.Y.S.2d 745

In the Matter of MARGARET BITETTO, Respondent, v. CITY OF YONKERS, Appellant.

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

December 6, 2004.


Ordered that the order is affirmed, without costs or disbursements.

In deciding whether to permit the service of a late notice of claim, a court generally will consider three factors: (1) whether the petitioner demonstrated a reasonable excuse for the delay, (2) whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, and (3) whether the delay in serving...

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