Matter of Fernandez v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Landicino, J.), dated June 17, 2013, which denied the petition.
Ordered that the order is affirmed, with costs.
In determining whether to extend the time to serve a notice of claim, the court must consider “ ‘whether the public corpora tion acquired actual [knowledge] of the essential facts constituting the claim within 90 days of the accrual of the claim or within a reasonable time thereafter,’ ” as well as whether the…
2Cases cited9 opinions
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- Weber v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1994
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