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MATTER OF FERNANDEZ v. CITY OF NEW YORK

2013-09883

131 A.D.3d 532 (2015)

15 N.Y.S.3d 166

2015 NY Slip Op 06509

In the Matter of JOSE FERNANDEZ, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided August 12, 2015.

Ordered that the order is affirmed, with costs.

In determining whether to extend the time to serve a notice of claim, the court must consider "`whether the public corporation acquired actual [knowledge] of the essential facts constituting the claim within 90 days of the accrual of the claim or within a reasonable time thereafter,'" as well as whether the claimant has a reasonable excuse for the failure to serve a timely...

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