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MATTER OF VANDAATSELAAR v. TOWN OF HEMPSTEAD

283 A.D.2d 434 (2001)

723 N.Y.S.2d 877

In the Matter of LAURETTE VANDAATSELAAR et al., Appellants, v. TOWN OF HEMPSTEAD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 7, 2001.

Ordered that the order is affirmed, with costs.

In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), a court must consider if there is a reasonable excuse for the delay, whether the public corporation acquired actual knowledge of the facts constituting the claim within 90 days or a reasonable time thereafter, and if the public corporation's defense would be substantially...

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