IN THE MATTER OF HENRIQUES v. CITY OF NEW YORK


22 A.D.3d 847 (2005)

803 N.Y.S.2d 194

In the Matter of JOAQUIM M. HENRIQUES, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

October 31, 2005.


Ordered that the order is affirmed, with costs.

Pursuant to General Municipal Law § 50-e (5), a court has the discretion to permit the service of a late notice of claim. The relevant factors for the court to consider include whether (1) the petitioner demonstrated a reasonable excuse for failing to serve a timely notice of claim, (2) the municipality acquired actual knowledge of the facts constituting the claim within 90 days from its accrual or a reasonable...

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