Brandi v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
“Among the factors to be considered by a court in determining whether leave to serve a late notice of claim should be granted are whether the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or within a reasonable time thereafter; whether the delay would substantially prejudice the municipality in maintaining its defense; and whether the claimant had a reasonable excuse for the failure to serve a timely notice of claim” (Matter of Joy v County of Suffolk, 89 AD3d 1025, 1026 [2011]; see General Municipal Law § 50-e [5]).…
2Cases cited7 opinions
- Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Devivo v. Town of CarmelAppellate Division of the Supreme Court of the State of New York · 2009
- Joy v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
- Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Chambers v. Nassau County Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Klass v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Romeo v. Long Is. Power Auth.Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of Morris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Klass v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Platt v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2013
3 more not listed; retrieve them via the Exa API.