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IN THE MATTER OF MASAAZI v. NEW YORK CITY BOARD OF EDUCATION PUBLIC SCHOOL NO. 133

5 A.D.3d 491 (2004)

772 N.Y.S.2d 555

In the Matter of RUTH N. MASAAZI, Appellant, v. NEW YORK CITY BOARD OF EDUCATION PUBLIC SCHOOL NO. 133 et al., Respondents.

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

March 8, 2004.

Ordered that the order is affirmed, with costs.

In determining whether to grant an application for leave to serve a late notice of claim, the court should consider (1) whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days from its accrual or a reasonable time thereafter, (2) whether the claimant demonstrated a reasonable excuse for the delay in filing a notice of claim, and (3) whether the delay would...

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