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MATTER OF WRIGHT v. CITY OF NEW YORK

2008-07637.

66 A.D.3d 1037 (2009)

888 N.Y.S.2d 125

2009 NY Slip Op 7856

In the Matter of FRANKLIN R. WRIGHT et al., Respondents, v. CITY OF NEW YORK et al., Appellants, et al., Respondent.

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

Decided October 27, 2009.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

Among the factors to be considered by a court in determining whether leave to serve a late notice of claim should be granted is whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or within a reasonable time thereafter, whether

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