MATTER OF LIZZETTE RAMOS-ELIZARES v. WESTCHESTER COUNTY HEALTHCARE CORPORATION

2011-11159.

94 A.D.3d 1130 (2012)

942 N.Y.S.2d 794

2012 NY Slip Op 3203

In the Matter of LIZZETTE RAMOS-ELIZARES et al., Respondents, v. WESTCHESTER COUNTY HEALTHCARE CORPORATION, Appellant.

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

Decided April 24, 2012.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.

In exercising its discretion to grant leave to serve a late notice of claim, a court must consider various factors, including whether (1) the petitioners have demonstrated a reasonable excuse for failing to serve a timely notice of claim, (2) the public corporation acquired actual knowledge of the...

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