IN THE MATTER OF GODWIN v. TOWN OF HUNTINGTON


56 A.D.3d 671 (2008)

In the Matter of EILEEN GODWIN, Appellant, v. TOWN OF HUNTINGTON et al., Respondents.

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

November 18, 2008.


Ordered that the order is affirmed, with costs.

As relevant to the circumstances of this case, the factors the court considers in determining whether, in the exercise of its discretion, the petitioner should be granted leave to serve a late notice of claim include: whether the municipality acquired actual knowledge of the essential facts constituting the petitioner's claim within 90 days of the claim arising, or a reasonable time thereafter; whether the petitioner...

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