MATTER OF CATUOSCO v. CITY OF NEW YORK


62 A.D.3d 995 (2009)

880 N.Y.S.2d 142

In the Matter of JOHN A. CATUOSCO, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided May 26, 2009.


Ordered that the order is affirmed, with costs.

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 the claim within 90 days after the claim arose or a reasonable time thereafter, and whether the delay would...

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