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MATTER OF BARRETT v. VILLAGE OF WAPPINGERS FALLS

2014-11489

130 A.D.3d 817 (2015)

12 N.Y.S.3d 577

2015 NY Slip Op 06138

In the Matter of HAROLD BARRETT, Appellant, v. VILLAGE OF WAPPINGERS FALLS, Respondent.

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

Decided July 15, 2015.

Ordered that the order is affirmed, with costs.

"In determining whether to grant a petition for leave to serve a late notice of claim, the court must consider all relevant circumstances, including 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 demonstrated a reasonable excuse for the failure to serve a timely notice of...

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