MATTER OF PURIFOY v. COUNTY OF SUFFOLK


61 A.D.3d 873 (2009)

877 N.Y.S.2d 419

In the Matter of MOZELLE PURIFOY, Respondent, v. COUNTY OF SUFFOLK et al., Appellants.

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

Decided April 21, 2009.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.

The Supreme Court improvidently exercised its discretion in granting the petition for leave to serve a late notice of claim on the County of Suffolk. The key factors to be considered are whether the petitioner demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the public corporation acquired actual knowledge...

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