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RAMIREZ v. CITY OF NEW YORK

2015-01370, Index No. 501029/14.

139 A.D.3d 695 (2016)

32 N.Y.S.3d 201

2016 NY Slip Op 03486

CECILIO RAMIREZ, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided May 4, 2016.

Ordered that the order is affirmed, with costs.

In determining whether to grant leave to serve a late notice of claim, the court must consider whether (1) the claimant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, (2) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, and (3) the public corporation was substantially...

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