In determining whether to grant leave to serve a late notice of claim or to deem a late notice of claim timely served nunc pro tunc under General Municipal Law § 50-e(5), the court, in its discretion, must consider all relevant facts and circumstances, including, but not limited to, whether: (1) the claimant demonstrated a reasonable excuse for the failure to serve a timely notice of claim; (2) 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; and (3) the delay would substantially prejudice the public corporation in its defense. While no single factor is determinative, whether the public corporation had actual knowledge of the essential facts constituting the claim is a factor of great importance, and the party seeking leave has the burden of establishing this factor through the submission of non-speculative evidence.
Matter of Giustra v. New York City Health & Hosps. Corp., NY Slip Op 06862 (2d Dep't December 10, 2025)
