Devivo v. Town of Carmel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Among the factors to be considered by a court in determining whether leave to serve a late notice of claim should be granted is whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or within a reasonable time thereafter, whether the petitioner had a reasonable excuse for the failure to serve a timely notice of claim, and whether the delay would substantially prejudice the public corporation in maintaining its defense (see Matter of Wright v City of New York, 66 AD3d 1037 [2009]; see also Matter of Groves v…
2Cases cited15 opinions
- Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Deegan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Wright v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
10 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Taylor v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
- Whittaker v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2010
- Joy v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
- Iacone v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2011
- Mitchell v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2012
36 more not listed; retrieve them via the Exa API.