Felice v. Eastport/South Manor Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Crane, J.P.
An injured person who has failed to serve a timely notice of claim may, pursuant to General Municipal Law § 50-e (5), apply for permission to serve a late notice. Among the “facts and circumstances” a court must consider in determining an application for permission to serve a late notice of claim are the actual knowledge of the public corporation of the “essential facts constituting the claim” and the prejudice to the public corporation from a claimant’s failure to serve a timely notice of claim (General Municipal Law § 50-e [5]). Here, we take the opportunity…
2Cases cited70 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Brown v. City of New YorkNew York Court of Appeals · 2000
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
- Camarella v. East Irondequoit Central School BoardNew York Court of Appeals · 1974
- Matarrese v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1995
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