MATTER OF DEVIVO v. TOWN OF CARMEL

2009-06248

68 A.D.3d 991 (2009)

2009 NY Slip Op 9467

891 N.Y.S.2d 154

In the Matter of ANILO DEVIVO, Respondent, v. TOWN OF CARMEL, Appellant.

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

Decided December 15, 2009.


Ordered that the order is reversed, on the law, with costs, and the petition is denied.

Among the factors to be considered by a court in determining whether leave to serve a late notice of claim should be granted is whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or within a reasonable time thereafter, whether the petitioner had a reasonable excuse for the failure to serve...

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