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MATTER OF BARNES v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

2009-01168

69 A.D.3d 934 (2010)

893 N.Y.S.2d 613

2010 NY Slip Op 676

In the Matter of GABRIELLE BARNES et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided January 26, 2010.

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

In exercising its discretion to grant leave to serve a late notice of claim, the court must consider various factors, including whether (1) the claimant is an infant, (2) the movant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, (3) the public corporation acquired actual knowledge of the facts constituting the claim within 90 days of its accrual or a reasonable...

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