In determining whether to grant a petition for leave to serve a late notice of claim or to deem a late notice of claim as timely, nunc pro tunc, the court must consider all relevant circumstances, including whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, whether the delay would substantially prejudice the public corporation in its defense, and whether the claimant demonstrates a reasonable excuse for the failure to serve a timely notice. The lack of a reasonable excuse is not dispositive where, as here, there is actual notice and an absence of prejudice.
Matter of Duke v. Westchester Med. Ctr., NY Slip Op 04223 (2d Dep't July 7, 2021)
Tomorrow's issue: CPLR 3025[b].
