IN THE MATTER OF SHAPIRO v. COUNTY OF NASSAU


5 A.D.3d 690 (2004)

774 N.Y.S.2d 752

In the Matter of PEGGY SHAPIRO, Respondent, v. COUNTY OF NASSAU, Appellant.

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

March 22, 2004.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the petitioner's application for leave to serve a late notice of claim. In exercising discretion upon such an application the court is required by General Municipal Law § 50-e (5) to consider, among other factors not here relevant: "whether the public corporation or its attorney or its insurance carrier acquired actual knowledge of the essential...

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