Cresci v. New York City Industrial Development Agency

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated August 13, 1999, which granted the respondent’s motion pursuant to CPLR 3211 to dismiss the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The factors to be considered in deciding if leave to serve a late notice of claim should be granted are whether the movant demonstrated a reasonable excuse for the delay, whether the municipality acquired actual knowledge of the essential facts constituting the claim…