Keyes v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In exercising its discretion to grant leave to serve a late notice of claim, the court must consider various factors, including whether (1) the claimant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, (2) the claimant was an infant, or mentally or physically incapacitated, (3) the public corporation acquired actual knowledge of the facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and (4) the delay would substantially prejudice the public corporation in defending on the merits (see General Municipal Law § 50-e [5];…
2Cases cited12 opinions
- Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Whittaker v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2010
- Iacone v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2011
- Chambers v. Nassau County Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Smith v. Baldwin Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Valila v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2013
- Khalid v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Wright v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Etienne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
- Peters-Heenpella v. WynnAppellate Division of the Supreme Court of the State of New York · 2013
14 more not listed; retrieve them via the Exa API.