Legal Opinion

Shapey v. East Rockaway Union Free School District

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 2000PublishedCited by 1 opinion

1Opinion of the Court

—In an ac*442tion to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated December 21, 1999, which denied her motion for leave to serve a late notice of claim.

Ordered that the order is affirmed, with costs.

In determining whether to grant a motion for leave to serve a late notice of claim, a court must consider (1) whether the movant has demonstrated a reasonable excuse for the failure to serve a timely notice of claim, (2) whether the public corporation acquired actual knowledge of the essential facts constituting…

2Cases cited2 opinions

  1. Kittredge v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  2. Guiliano v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by1 opinion

  1. Castlegrande v. Mahopac Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2002

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