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CHRISTOFORATOS v. CITY OF NEW YORK

285 A.D.2d 622 (2001)

728 N.Y.S.2d 675

SPIRO CHRISTOFORATOS et al., Appellants, v. CITY OF NEW YORK, Respondents, et al., Defendants.

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

Decided July 30, 2001.

Ordered that the order is affirmed, with costs.

In determining whether to grant leave to serve a late notice of claim pursuant to General Municipal Law 50-e (5), a court must consider whether there is 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 90 days after the claim arose or a reasonable time thereafter, and whether the...

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