Joseph v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In determining whether to grant leave to serve a late notice of claim, the court must consider, inter alia, whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the accident or a reasonable time thereafter, (2) the claimant was an infant at the time the claim arose and, if so, whether there was a nexus between the claimant’s infancy and the delay, (3) the claimant had a reasonable excuse for the failure to serve a timely notice of claim and the subsequent delay in seeking leave to serve a notice of claim, and (4) the…
2Cases cited13 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Bazile v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Formisano v. Eastchester Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
- Scolo v. Central Islip Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
- Troy v. Town of Hyde ParkAppellate Division of the Supreme Court of the State of New York · 2009
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Matter of Bramble v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of Lugo v. GNP BrokerageAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Lamprecht v. Eastport-South Manor Cent. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2015
- Babcock v. Walton Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2014
- Babcock v. Walton Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2014
8 more not listed; retrieve them via the Exa API.