Practice point: In determining whether the application should be granted, a court shall consider, among other things, "whether the public corporation . . . acquired actual knowledge of the essential facts constituting the claim within the time specified in subdivision one . . . or within a reasonable time thereafter," as specified in GML § 50-e[5]. The court shall also consider all other relevant facts and circumstances, including whether the delay substantially prejudiced the public corporation's ability to defend on the merits.
Student note: In determining whether the public corporation was prejudiced by any mistake, omission, irregularity or defect in the notice of claim, the court may look to evidence adduced at a section 50-h hearing, and to such other evidence as is properly before the court.
Case: Thomas v. New York City Hous. Auth., NY Slip Op 07328 (1st Dept. 2015)
Here is the decision.
Tomorrow's issue: A motion for leave to serve an amended bill of particulars.
