Carbone v. Town of Brookhaven
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Luciano, J.), dated July 27, 1990, which denied her motion for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5).
Ordered that the order is affirmed, with costs.
The key factors in determining whether leave to file a late notice of claim should be granted are whether the claimant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, whether the municipality acquired actual knowledge of the essential facts…
2Cases cited7 opinions
- Perry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Martire v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Mazza v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Kravitz v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 1985
- Kravitz v. County of RocklandNew York Court of Appeals · 1986
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3Cited by23 opinions
- Farrell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Shapiro v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1994
- Rabanar v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2002
- Sosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Levette v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
18 more not listed; retrieve them via the Exa API.