PEREZ v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

3511, 16565/03.

81 A.D.3d 448 (2011)

915 N.Y.S.2d 562

JAVIER PEREZ, an Infant, by His Mother and Natural Guardian, GABRIELLA TORRES, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided February 8, 2011.


In determining whether a notice of claim should be deemed timely served under General Municipal Law § 50-e (5), a court should consider, inter alia, whether the municipality acquired actual knowledge of the facts underlying the claim within 90 days after the claim arose or a reasonable time thereafter, whether the claimant is an infant, whether there exists a reasonable excuse for the failure to serve the notice timely and whether the delay in serving the notice would...

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