ANDERSON v. NEW YORK CITY DEPARTMENT OF EDUCATION

2012-02046.

102 A.D.3d 958 (2013)

958 N.Y.S.2d 746

2013 NY Slip Op 484

In the Matter of KINNY ANDERSON et al., Respondents, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Appellants.

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

Decided January 30, 2013.


Ordered that the order is reversed, on the law 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 whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the claimant was an infant at the time the...

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