MATTER OF BILLMAN v. TOWN OF DEERPARK

2009-02457.

73 A.D.3d 1039 (2010)

900 N.Y.S.2d 658

In the Matter of DENISE BILLMAN et al., Respondents, v. TOWN OF DEERPARK, Appellant.

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

Decided May 18, 2010.


Ordered that the order is affirmed, with costs.

Factors to be considered in determining if a petitioner should be granted leave to serve a late notice of claim are, inter alia, whether the public corporation or its attorney or its insurance carrier acquired actual knowledge of the facts constituting the claim within the time specified in General Municipal Law § 50-e (1)(a) or within a reasonable time thereafter, whether the claimant in serving a notice of claim...

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