MATTER OF MITCHELL v. CITY OF NEW YORK

2014-10822, Index No. 502651/14.

134 A.D.3d 941 (2015)

22 N.Y.S.3d 130

2015 NY Slip Op 09288

In the Matter of ADRIAN MITCHELL, Appellant, v. CITY OF NEW YORK, Respondent, et al., Respondents.

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

Decided December 16, 2015.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is granted.

A court, after considering all relevant facts and circumstances, has the discretion to extend the time to serve a notice of claim (see General Municipal Law § 50-e [5]). A factor which is of great importance is whether the respondents acquired timely actual knowledge of the essential facts constituting the claim (see Matter of...

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