Slater v. Village of Herkimer

— Order unanimously reversed, without costs, and motion granted. Memorandum: Plaintiff appeals from an order denying him permission to file a late notice of claim which arose from an alleged collision between a vehicle driven by plaintiff and one of defendant’s police vehicles. In determining this question, the court should inquire whether the defendant acquired actual knowledge of the facts constituting the claim within the 90-day statutory period or a reasonable time thereafter (General Municipal Law, § 50-e, subd 5). Plaintiff relies upon documentary evidence presented in his brief, but…