Legal Opinion
Hilton v. Town of Richland
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 1995PublishedCited by 10 opinions
1Opinion of the Court
Order affirmed without costs. Memorandum: Supreme Court properly denied the petition seeking permission to file a late notice of claim. The three key factors in determining whether leave to file a late notice of claim should be granted are whether the claimant has shown a reasonable excuse for the delay, whether the municipality had actual or constructive notice of the essential facts constituting the claim within 90 days of its accrual (see, General Municipal Law § 50-e [1]) or within a reasonable time thereafter, and whether the delay would substantially prejudice the municipality in…
2Cases cited4 opinions
- Carbone v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1991
- Albanese v. Village of Floral ParkAppellate Division of the Supreme Court of the State of New York · 1987
- Esposito v. Carmel Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1992
- Kalenda v. Buffalo Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by10 opinions
- Terrell Battle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Henderson v. Town of Van BurenAppellate Division of the Supreme Court of the State of New York · 2001
- More v. General Brown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1999
- Holmes v. StateNew York Court of Claims · 2004
- Love v. City of AuburnAppellate Division of the Supreme Court of the State of New York · 2001
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