MATTER OF SILBERMAN v. CITY OF LONG BEACH

2011-00861.

87 A.D.3d 1071 (2011)

929 N.Y.S.2d 758

2011 NY Slip Op 6564

In the Matter of ELLEN SILBERMAN, Respondent, v. CITY OF LONG BEACH, Appellant.

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

Decided September 20, 2011.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the petition for leave to serve a late notice of claim. The petitioner served a notice of claim 1 day after the statutory 90-day period expired, and served an amended notice of claim more precisely identifying the location of her accident 12 days later. Under these circumstances, the appellant acquired actual knowledge of the essential facts constituting...

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