MATTER OF GELISH v. DIX HILLS WATER DISTRICT


58 A.D.3d 841 (2009)

872 N.Y.S.2d 486

In the Matter of HELEN GELISH, Appellant, v. DIX HILLS WATER DISTRICT et al., Respondents.

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

January 27, 2009.


Ordered that the order is reversed, on the facts and in the exercise of discretion, the petition is granted, and the notice of claim is deemed served.

In determining whether to grant an application for leave to serve a late notice of claim, the key factors which the court must consider are whether the movant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the municipality acquired actual notice of the essential facts of...

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