Dumancela v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e for leave to serve a late notice of claim or deem a notice of claim timely served nunc pro tunc, the petitioner appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated March 31, 2005, which denied the petition and dismissed the proceeding.
Ordered that the order is affirmed, with costs.
In exercising its discretion determining whether to grant leave to serve a late notice of claim, a court must consider various factors, including whether (1) the claimant is an infant, (2) the petitioner has demonstrated a reasonable…
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