Under General Municipal Law § 50-e(1)(a), the notice must be served on the public corporation within 90 days after the claim arises, but a court may, in its discretion, permit a plaintiff to serve a late notice of claim. In making this determination, the court may consider, among other things, whether the defendant had actual knowledge of the essential facts constituting the claim within the statutory period, or a reasonable time thereafter. It is not necessary that the defendant had knowledge of a specific legal theory. A plaintiff will not be penalized for waiting for medical records to file a complete and accurate notice of claim.
Case: Matter of Townson v. New York City Health & Hosps. Corp., NY Slip Op 00607 (1st Dep't February 1 2018)
Here is the decision.
