Legal Opinion

Anderson v. Town of Oyster Bay

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 2012PublishedCited by 15 opinions

1Opinion of the Court

In determining whether to grant leave to serve a late notice of claim, the court must consider certain factors, including, inter alia, whether the petitioner demonstrated a reasonable excuse for failing to serve a timely notice of claim, whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or within a reasonable time thereafter, and whether the delay *709would substantially prejudice the public corporation in defending on the merits (see General Municipal Law § 50-e [5]; Matter of Wright v City of New York, 99…

2Cases cited17 opinions

  1. Formisano v. Eastchester Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
  2. Iacone v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2011
  3. Shapiro v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1994
  4. Mitchell v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2012
  5. Carpenter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by15 opinions

  1. Valila v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2013
  2. Matter of Bramble v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Anderson v. ArmentanoAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Mohamed v. New York CityAppellate Division of the Supreme Court of the State of New York · 2016
  5. Snyder v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2014

10 more not listed; retrieve them via the Exa API.

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