Legal Opinion
Magana v. Westchester County Health Care Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 2011PublishedCited by 5 opinions
1Opinion of the Court
In exercising its discretion to grant leave to serve a late notice of claim, a court must consider various factors, including whether (1) the claimant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, (2) the claimant was an infant, or mentally or physically incapacitated, (3) the public corporation acquired actual knowledge of the facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and (4) the delay would substantially prejudice the public corporation in defending on the merits (see General Municipal Law § 50-e [5];…
2Cases cited10 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
- Iacone v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2011
- Chambers v. Nassau County Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Rios v. Westchester County Healthcare Corp.Appellate Division of the Supreme Court of the State of New York · 2006
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lyles Ex Rel. Hernandez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Quinn v. Wallkill Central School District Board of EducationAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Barrett v. Village of Wappingers FallsAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Shun Mao Ma v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Ramos-Elizares v. Westchester County Healthcare Corp.Appellate Division of the Supreme Court of the State of New York · 2012