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MATTER OF GONZALEZ v. CITY OF NEW YORK

60 A.D.3d 1058 (2009)

876 N.Y.S.2d 139

In the Matter of IVANNA GONZALEZ, Appellant, v. CITY OF NEW YORK, Respondent, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided March 31, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

In determining whether to grant leave to serve a late notice of claim, the court must consider several factors, including whether (1) an infant is involved, (2) there is a reasonable excuse for the delay, (3) the public corporation acquired actual knowledge of the facts underlying the claim within 90 days or a reasonable time thereafter, and (4) the delay in serving the notice of claim would...

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