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Matter of Stach v. Village of Hillburn

Appellate Division of the Supreme Court of New York, Second Department
May 3, 1993
193 A.D.2d 607 (N.Y. App. Div. 1993)

Opinion

May 3, 1993

Appeal from the Supreme Court, Rockland County (Lefkowitz, J.).


Ordered that the order is affirmed, without costs or disbursements.

General Municipal Law § 50-e (5) allows courts to consider all relevant factors and to exercise considerable discretion in determining whether to permit service of a late notice of claim (see, Matter of Reisse v County of Nassau, 141 A.D.2d 649). After reviewing the circumstances underlying the petitioner's application, we conclude that the court properly exercised its discretion in granting the requested relief. The record establishes that on the date of the incident the appellants had actual knowledge of the facts underlying the petitioner's claim (see, e.g., Matter of Briggs v City of Geneva, 130 A.D.2d 942). Moreover, the appellants have not shown that they would be prejudiced by the late service of the petitioner's notice of claim. Thompson, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.


Summaries of

Matter of Stach v. Village of Hillburn

Appellate Division of the Supreme Court of New York, Second Department
May 3, 1993
193 A.D.2d 607 (N.Y. App. Div. 1993)
Case details for

Matter of Stach v. Village of Hillburn

Case Details

Full title:In the Matter of DONALD STACH, Respondent, v. VILLAGE OF HILLBURN et al.…

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

Date published: May 3, 1993

Citations

193 A.D.2d 607 (N.Y. App. Div. 1993)
597 N.Y.S.2d 167