MATTER OF VALENTINE v. CITY OF NEW YORK

2009-04611

72 A.D.3d 981 (2010)

898 N.Y.S.2d 515

In the Matter of JOSEPH VALENTINE, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided April 20, 2010.


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

In exercising its discretion to grant leave to serve a late notice of claim, the Supreme Court must consider various factors, including whether (1) the claimant is an infant, (2) the claimant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, (3) the public corporation acquired actual knowledge of the essential...

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