Gentile v. Westchester Medical Center

“A court, after considering all relevant facts and circumstances presented to it, has the discretion to extend the time to serve a notice of claim” (Erichson v City of Poughkeepsie Police Dept., 66 AD3d 820, 821 [2009]; see General Municipal Law § 50-e [5]; Matter of Canty v City of New York, 273 AD2d 467, 467 [2000]; Matter of Battle v City of New York, 261 AD2d 614 [1999]). A factor that should be accorded great weight is whether the public corporation acquired actual notice of the essential facts constituting the claim within 90 days of the accrual of the claim or within a reasonable time…