MATTER OF MURRAY v. VILLAGE OF MALVERNE

2013-07370, Index No. 2811/13.

118 A.D.3d 798 (2014)

987 N.Y.S.2d 229

2014 NY Slip Op 4201

In the Matter of NIGEL MURRAY, Appellant, v. VILLAGE OF MALVERNE et al., Respondents.

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

Decided June 11, 2014.


Ordered that the order is affirmed, with costs.

In determining whether to deem a late notice of claim timely served nunc pro tunc or to grant leave to serve a late notice of claim, the key factors that the court must consider are 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...

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