Legal Opinion
Barnes v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2010PublishedCited by 5 opinions
1Opinion of the Court
In exercising its discretion to grant leave to serve a late notice of claim, the court must consider various factors, including whether (1) the claimant is an infant, (2) the movant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, (3) the public corporation acquired actual knowledge of the facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and (4) the delay would substantially prejudice the public corporation in defending on the merits (see General Municipal Law § 50-e [5]; Contreras v KBM Realty *935Corp., 66 AD3d 627…
2Cases cited9 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Flores v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2004
- Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Rios v. Westchester County Healthcare Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Seymour v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2005
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Keyes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Argueta v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Magana v. Westchester County Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Ramos-Elizares v. Westchester County Healthcare Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Contreras v. 357 Dean Street Corp.Appellate Division of the Supreme Court of the State of New York · 2010