Bergmann v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
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
- Kittredge v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
- Gilliam v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Morrison v. New York City HealthAppellate Division of the Supreme Court of the State of New York · 1997
- Rabanar v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2002
- Continental Insurance v. City of RyeAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by2 opinions
- Price v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2002
- Pappalardo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003