MATTER OF ANDERSON v. TOWN OF OYSTER BAY

2012-00019.

101 A.D.3d 708 (2012)

955 N.Y.S.2d 183

2012 NY Slip Op 8302

In the Matter of THOMAS ANDERSON, Respondent, v. TOWN OF OYSTER BAY, Appellant.

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

Decided December 5, 2012.


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

In determining whether to grant leave to serve a late notice of claim, the court must consider certain factors, including, inter alia, whether the petitioner demonstrated a reasonable excuse for failing to serve a timely notice of claim, whether the public corporation acquired actual knowledge of the essential facts...

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