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MATTER OF KEYES v. CITY OF NEW YORK

2011-01614.

89 A.D.3d 1086 (2011)

933 N.Y.S.2d 607

2011 NY Slip Op 8753

In the Matter of JASAIYA KEYES et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 29, 2011.

Ordered that the order is affirmed, with costs.

In exercising its discretion to grant leave to serve a late notice of claim, the court must consider various factors, including whether (1) the claimant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, (2) the claimant was an infant, or mentally or physically incapacitated, (3) the public corporation acquired actual knowledge of the facts constituting the claim within 90 days of its...

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