An injured construction worker’s late-served notice of claim must be deemed timely because the defendant at issue—City University Construction Fund—received “actual notice of the essential facts constituting the claim within a reasonable time after the expiration of the 90-day statute of limitations period,” a state appeals court has ruled.

An Appellate Division, First Department panel has decided that Jose Dominguez’s notice of claim, which said he’d been injured while at a new building construction site, should be deemed valid even though it was served on City University Construction Fund one day after the 90-day period had run out.

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