Robertson v. Somers Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In determining whether to grant leave to serve a late notice of claim or to deem a notice of claim timely served, nunc pro tunc, the court must consider whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the claimant was an infant at the time the claim arose and, if so, whether there was a nexus between the claimant’s infancy and the delay in service of a notice of claim, (3) the claimant had a reasonable excuse for the delay, and (4) the public corporation was…
2Cases cited9 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Formisano v. Eastchester Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
- Troy v. Town of Hyde ParkAppellate Division of the Supreme Court of the State of New York · 2009
- Castro v. Clarkstown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by11 opinions
- Bazile v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Joseph v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Lyles Ex Rel. Hernandez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Matter of Unique Wooden v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Saponara v. Lakeland Cent. School Dist.Appellate Division of the Supreme Court of the State of New York · 2016
6 more not listed; retrieve them via the Exa API.