MATTER OF BRANDI v. CITY OF NEW YORK

2011-01609.

90 A.D.3d 751 (2011)

934 N.Y.S.2d 340

2011 NY Slip Op 9122

In the Matter of JOHANNA BRANDI, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided December 13, 2011.


Ordered that the order is affirmed, with costs.

"Among the factors to be considered by a court in determining whether leave to serve a late notice of claim should be granted are whether the municipality 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 delay would substantially prejudice the municipality in maintaining its defense; and whether the claimant...

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