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MATTER OF ACOSTA v. CITY OF NEW YORK

283 A.D.2d 489 (2001)

725 N.Y.S.2d 208

In the Matter of CHRISTIAN A. I. ACOSTA et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided May 14, 2001.

Ordered that the order is affirmed, with costs.

In deciding whether to grant leave to serve a late notice of claim, the court must consider, inter alia, whether the petitioner has demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the municipality to be served acquired actual knowledge of the essential facts constituting the claim within the 90 days after the claim arose or a reasonable time thereafter, and whether the...

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