IN THE MATTER OF DELL'ITALIA v. LONG ISLAND RAIL ROAD CORPORATION


31 A.D.3d 758 (2006)

820 N.Y.S.2d 81

In the Matter of PATRICK DELL'ITALIA, Appellant, v. LONG ISLAND RAIL ROAD CORPORATION et al., Respondents, and TOWN OF BROOKHAVEN, Respondent.

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

July 25, 2006.


Ordered that the order is affirmed, with costs.

"In deciding whether to permit the service of a late notice of claim, the court generally will consider three factors: (1) whether the movant has a reasonable excuse for the failure to serve a timely notice of claim, (2) whether the municipality or agency acquired actual notice of the essential facts of the claim within 90 days after the claim arose or a reasonable time thereafter, and (3) whether the delay would substantially...

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