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FUNKHOUSER v. MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT

2011-08142.

102 A.D.3d 689 (2013)

956 N.Y.S.2d 896

2013 NY Slip Op 87

In the Matter of SHARON FUNKHOUSER, Respondent, v. MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT et al., Appellants.

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

Decided January 9, 2013.

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 facts and circumstances, including whether (1) the public corporation (or its attorney or insurance carrier) acquired actual knowledge of the essential facts constituting the claim within 90 days of the incident or a reasonable time thereafter, (2) the claimant was an infant...

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