MATTER OF IACONE v. TOWN OF HEMPSTEAD

2010-03340.

82 A.D.3d 888 (2011)

918 N.Y.S.2d 204

In the Matter of NICOLETTE ANN IACONE et al., Respondents, v. TOWN OF HEMPSTEAD, Appellant.

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

Decided March 8, 2011.


Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, 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 claimant...

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