The Second Department, reversing Supreme Court, determined the city’s (petitioner’s) application to serve late notices of claim should have been granted. The court provided a clear explanation of the analytical criteria:
The key factors in determining whether to allow service of a late notice of claim are whether (1) the petitioner demonstrated a reasonable excuse for the failure to serve a timely notice of claim, (2) the municipality acquired actual notice of the essential facts of the claim within 90 days after the claim arose or a reasonable time thereafter, and (3) the delay would substantially prejudice the municipality in its defense … . The presence or absence of any one of these factors is not necessarily determinative … , and the absence of a reasonable excuse is not necessarily fatal … . “However, whether the public corporation acquired timely actual knowledge of the essential facts constituting the claim is seen as a factor which should be accorded great weight” … .
Here, the County acquired timely actual knowledge of the essential facts constituting the claims … . Matter of City of New York v County of Nassau, 2017 NY Slip Op 00465, 2ne Dept 1-25-17
MUNICIPAL LAW (APPLICATION FOR LEAVE TO SERVE LATE NOTICES OF CLAIM SHOULD HAVE BEEN GRANTED, CRITERIA EXPLAINED)/NOTICE OF CLAIM (MUNICIPAL LAW, APPLICATION FOR LEAVE TO SERVE LATE NOTICES OF CLAIM SHOULD HAVE BEEN GRANTED, CRITERIA EXPLAINED)