Silberman v. City of Long Beach
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Supreme Court providently exercised its discretion in granting the petition for leave to serve a late notice of claim. The petitioner served a notice of claim 1 day after the statutory 90-day period expired, and served an amended notice of claim more precisely identifying the location of her accident 12 days later. Under these circumstances, the appellant acquired actual knowledge of the essential facts constituting the claim within a reasonable time after the expiration of the 90-day period (see Matter of Ambrico v Lynbrook Union Free School Dist., 71 AD3d 762, 763 [2010]; Matter of…
2Cases cited7 opinions
- Ruffino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Barnes v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Ambrico v. Lynbrook Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
- Gelish v. Dix Hills Water DistrictAppellate Division of the Supreme Court of the State of New York · 2009
- Billman v. Port Jervis School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
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