Pursuant to General Municipal Law § 50-e(5), a court may exercise its discretion to extend the time to serve a notice of claim. In determining whether to grant the extension, the court must consider whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after it arose, or within a reasonable time thereafter. The court must also consider all other relevant circumstances, including whether the petitioner has demonstrated a reasonable excuse for the failure to serve a timely notice, and whether the delay will substantially prejudice the public corporation in maintaining a defense on the merits.
Wilson v. City of New York, NY Slip Op 02794 (2d Dep't, April 25, 2018)
Here is the decision.
