Legal Opinion

Bordan v. Mamaroneck School District

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

Decided August 12, 1996PublishedCited by 10 opinions

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, Westchester County (Silverman, J.), entered June 9, 1995, which denied her application.

Ordered that the order is affirmed, with costs.

In determining an application to serve a late notice of claim, the key factors are (1) whether the municipality acquired actual knowledge of the essential facts of the claim within the statutory 90-day period, (2) whether the petitioner had a reasonable excuse for the delay, and (3) whether the…

2Cases cited4 opinions

  1. Sica v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1996
  2. Shea v. City of New York Board of EducationAppellate Division of the Supreme Court of the State of New York · 1995
  3. Goldstein v. Clarkstown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1994
  4. Zee v. Hicksville Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by10 opinions

  1. Scolo v. Central Islip Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
  2. Nairne v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Melissa G. v. North Babylon Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  4. Rogers v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2000
  5. del Carmen v. Brentwood Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2004

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