Legal Opinion

Bergmann v. County of Nassau

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

Decided September 30, 2002PublishedCited by 2 opinions

1Opinion of the Court

*808The Supreme Court improvidently exercised its discretion in granting the petition for leave to serve a late notice of claim, which was made more than 5V2 months after the accident (see Matter of Castlegrande v Mahopac Cent. School Dist., 292 AD2d 604; Rabanar v City of Yonkers, 290 AD2d 428; Matter of Morisson v New York City Health & Hosps. Corp., 244 AD2d 487). The appellant did not acquire actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter (see Matter of Castlegrande v Mahopac Cent. School Dist., supra; Matter…

2Cases cited7 opinions

  1. Kittredge v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  2. Gilliam v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  3. Morrison v. New York City HealthAppellate Division of the Supreme Court of the State of New York · 1997
  4. Rabanar v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2002
  5. Continental Insurance v. City of RyeAppellate Division of the Supreme Court of the State of New York · 1999

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Price v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2002
  2. Pappalardo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003

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