Legal Opinion

Bergren v. Wappingers Central School District

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

Decided December 26, 2000PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding pursuant to General Municipal Law § 50-e for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Dutchess County (Hillery, J.), dated July 7, 2000, which denied the petition.

Ordered that the order is affirmed, with costs.

In determining whether to grant leave to serve a late notice of claim, the court must consider (1) whether the petitioner 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 the claim…

2Cases cited3 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
  3. Rogers v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by3 opinions

  1. Castlegrande v. Mahopac Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
  2. Di Fusco v. Mahopac School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
  3. Farrell v. Bay Shore Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2003

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