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IN THE MATTER OF SCHIFFMAN v. CITY OF NEW YORK

19 A.D.3d 206 (2005)

797 N.Y.S.2d 450

In the Matter of MAXINE SCHIFFMAN, Individually and as Administratrix of the Estate of ANTHONY FRANK FERRO, Deceased, Appellant, v. CITY OF NEW YORK, Respondent.

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

June 16, 2005.

General Municipal Law § 50-e (5) confers upon the court discretion to determine whether to allow filing of a late notice of claim. Factors to be considered include, "whether the public corporation . . . acquired actual knowledge of the essential facts constituting the claim within the [90-day period] or within a reasonable time thereafter" and "whether the delay in serving the notice of claim substantially prejudiced the public corporation in maintaining its defense...

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