MATTER OF MITCHELL v. GREENBURGH

2011-11153.

96 A.D.3d 852 (2012)

946 N.Y.S.2d 220

2012 NY Slip Op 4754

In the Matter of GAIL MITCHELL, Respondent, v. TOWN OF GREENBURGH, Appellant, et al., Respondent.

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

June 13, 2012.


Ordered that the order is reversed insofar as appealed from, on the law and the facts, and that branch of the petition which was for leave to serve a late notice of claim upon the Town of Greenburgh is denied.

In determining whether to grant an application for leave to serve a late notice of claim, the key factors that the court must consider are whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after...

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