MATTER OF McDONALD v. VILLAGE OF GREAT NECK ESTATES

2019-12962. Index No. 609167/19.

203 A.D.3d 1047 (2022)

162 N.Y.S.3d 748

2022 NY Slip Op 02001

In the Matter of Jeanmarie McDonald, Appellant, v. Village of Great Neck Estates, Respondent.

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

Decided March 23, 2022.


Attorney(s) appearing for the Case

Buitrago & Associates, PLLC, New York, NY ( Marcelo A. Buitrago and Rick J. Lasher of counsel), for appellant.

Connolly, J.P., Roman, Maltese and Christopher, JJ., concur.


Ordered that the order is affirmed, without costs or disbursements.

In determining whether a petitioner should be granted leave to serve a late notice of claim upon a public corporation, the court should consider, as key factors, whether the petitioner had a reasonable excuse for the delay in serving a notice of claim, whether the public corporation acquired actual knowledge of the essential facts of the claim within the...

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