MATTER OF VALILA v. TOWN OF HEMPSTEAD

2012-06174, (Index No. 1054/12)

107 A.D.3d 813 (2013)

963 N.Y.S.2d 100

2013 NY Slip Op 4345

In the Matter of DOMINIC VALILA, Appellant, v. TOWN OF HEMPSTEAD, Respondent.

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

Decided June 12, 2013.


Ordered that the order is affirmed, with costs.

In determining whether to grant a petition for leave to serve a late notice of claim, a court must consider whether the claimant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether 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, whether the claimant made an excusable...

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