Practice point: A court has the discretion to extend the time to serve a notice of claim, pursuant to General Municipal Law § 50-e[5].
Practitioners should note that the lack of a reasonable excuse will not bar the granting of leave where there is actual notice and an absence of prejudice.
Case: Erichson v. City of Poughkeepsie Police Dept., NY Slip Op 07580 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Family Law.
