MATTER OF JOSEPH v. CITY OF NEW YORK

2012-00484.

101 A.D.3d 721 (2012)

955 N.Y.S.2d 622

2012 NY Slip Op 8310

In the Matter of ANTISHA JOSEPH, Respondent, v. CITY OF NEW YORK et al., Appellants.

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, inter alia, whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the accident or a reasonable time thereafter, (2) the claimant was an infant at...

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