Legal Opinion

Guga v. Watertown Board of Education

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

Decided January 3, 2014Published

1Opinion of the Court

Memorandum: Respondents appeal from an order granting claimant’s application for leave to serve a late notice of claim. We conclude that Supreme Court properly granted the application. “It is well settled that key factors for the court to consider in determining an application for leave to serve a late notice of claim are whether the claimant has demonstrated a reasonable excuse for the delay, whether the [respondents] acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or within a reasonable time thereafter, and whether the delay would…

2Cases cited6 opinions

  1. Catherine G. v. County of EssexNew York Court of Appeals · 2004
  2. Mieux v. Alden High SchoolAppellate Division of the Supreme Court of the State of New York · 2003
  3. Wenger v. GoodellAppellate Division of the Supreme Court of the State of New York · 1995
  4. Greene v. Rochester Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  5. Kliment v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2002

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