IN THE MATTER OF ANDREYEV v. TOWN OF BABYLON


28 A.D.3d 653 (2006)

812 N.Y.S.2d 381

In the Matter of EILEEN ANDREYEV et al., Appellants, v. TOWN OF BABYLON et al., Respondents.

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

April 18, 2006.


Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the petition is granted, and the proposed notice of claim is deemed served.

In determining whether to permit service of a late notice of claim, the court must consider all relevant facts and circumstances, including whether the claimant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the municipality acquired actual notice of the essential...

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