Legal Opinion
Buddenhagen v. Town of Brookhaven
Appellate Division of the Supreme Court of the State of New York
Decided February 14, 1995PublishedCited by 23 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, Suffolk County (Underwood, J.), dated September 17, 1993, which denied his application.
Ordered that the order is affirmed, with costs.
"The key factors in determining whether leave to [serve] a late notice of claim should be granted are whether the claimant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, whether the municipality acquired actual knowledge of the essential facts constituting the…
2Cases cited2 opinions
- Sosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Ealey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by23 opinions
- Morrison v. New York City HealthAppellate Division of the Supreme Court of the State of New York · 1997
- Bruzzese v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Resto v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Welch v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
- Sverdlin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
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