Resto v. City of New York

Goldstein, J.,

concurs in part and dissents in part, and votes to dismiss the appeal from the provision of the order which is against the Board of Education of the City of New York, and to affirm the order insofar as reviewed, with the following memorandum, with which Miller, J., concurs: The key factors in determining whether to permit service of a late notice of claim are whether the claimant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, whether the *502municipal defendant acquired actual knowledge of the essential facts constituting the claim within 90 days…