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You are here: Home1 / Municipal Law2 / Seriousness of Injuries Warranted Allowing Service of Late Notice of C...
Municipal Law, Negligence

Seriousness of Injuries Warranted Allowing Service of Late Notice of Claim

The Second Department determined that the seriousness of plaintiff’s injuries justify granting leave to serve a late notice of claim:

In this case, the extremely serious and incapacitating injuries that the claimant suffered in the underlying car accident reasonably excused the minimal delay in seeking leave to serve a late notice of claim against the County of Nassau (see General Municipal Law § 50-e[5]…). The record further demonstrates that the County acquired actual knowledge of the facts underlying the claim within the 90-day statutory period or within a reasonable time thereafter …. Finally, under the circumstances of this case, the County was not prejudiced by the delay in serving the notice of claim … . Matter of Lopez v County of Nassau, 2014 NY Slip Op 05879, 2nd Dept 8-20-14

 

August 20, 2014
Tags: Second Department
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