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DEANGELIS v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

281 A.D.2d 448 (2001)

721 N.Y.S.2d 558

WILLIAM DEANGELIS, Appellant, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK et al., Respondents.

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

Decided March 12, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

When deciding a motion for leave to serve a late notice of claim, the court must consider (1) whether the plaintiff has demonstrated a reasonable excuse for his or her failure to serve a timely notice of claim, (2) whether the municipality to be served acquired actual knowledge of the essential facts constituting the claim within the 90 days after...

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