TEGAY v. ROCKY POINT SCH. DIST.

2012-01907.

101 A.D.3d 985 (2012)

956 N.Y.S.2d 146

2012 NY Slip Op 8719

MELODIE TEGAY, Appellant, v. ROCKY POINT SCHOOL DISTRICT et al., Respondents, et al., Defendant.

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

December 19, 2012.


Ordered that the order is affirmed, with costs.

In determining whether to permit service of a late notice of claim, the court must consider all relevant circumstances, including whether the public corporation acquired actual knowledge of the facts constituting the claim within 90 days after the claim arose or within a reasonable time thereafter, whether the claimant demonstrated a reasonable excuse for the delay in serving a timely notice of claim, and whether the...

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