Matter of Edholm v Board of Coop. Educ. Servs. Erie 1 BOCES

Holding The court reversed the lower court’s denial of leave to serve a late notice of claim, finding that the respondents had actual knowledge of the claim’s essential facts within the statutory period and would not be substantially prejudiced by the delay. The notice of claim was deemed timely served nunc pro tunc.

The court’s words

the court must consider, inter alia, whether the claimant has shown a reasonable excuse for the delay

2026 NY Slip Op 05882, at the official text

whether the [respondents] had actual knowledge of the facts surrounding the claim within 90 days of its accrual

2026 NY Slip Op 05882, at the official text

whether the delay would cause substantial prejudice to the [respondents]

2026 NY Slip Op 05882, at the official text

the presence or absence of any single factor is not determinative, one factor that should be accorded great weight is whether [respondents] received actual knowledge of the facts constituting the claim in a timely manner

2026 NY Slip Op 05882, at the official text

such failure is not fatal where . . . actual notice was had and there is no compelling showing of prejudice to [respondents]

2026 NY Slip Op 05882, at the official text

respondents acquired actual knowledge of the essential facts constituting the claim within the 90-day period in which the notice of claim was required to be served

2026 NY Slip Op 05882, at the official text