Bast v. County of Clinton

Appeal from an order of the Supreme Court (Plumadore, J.), entered May 10, 1990 in Clinton County, which denied petitioner’s application pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim.

Among the factors to be considered in deciding an application to serve a late notice of claim are whether the public corporation had actual knowledge of the claim and the infancy of the party making the motion (General Municipal Law § 50-e [5]). Not only was the delay here unrelated to petitioner’s infancy, as counsel was retained within 90 days of the incident (see,…