Andrews v. Long Island Railroad

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated October 19, 2012, which denied his motion pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim upon the third-party defendant.

Ordered that the order is affirmed, with costs.

In determining whether to grant a motion for leave to serve a late notice of claim, the key factors that the court must consider are whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim…