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Ross Ruggiero Obtains Dismissal On a SCWA Motion

Posted: December 23, 2019

Ross Ruggiero was recently successful on arguing to the Supreme Court that Claimant-Petitioner’s Motion for leave to serve a late Notice of Claim on a local government entity should be denied. Petitioner’s counsel argued that the local government entity had actual knowledge of the “essential facts” constituting the claim within 90 days of its accrual or within a reasonable time thereafter. Furthermore, the Petitioner argued that it was an excusable error in not timely filing the Notice of Claim.  Ross argued that the entity did not become aware of the facts surrounding the subject incident until it was served with Petitioner’s Motion seeking to serve a late Notice of Claim and therefore the Petitioner did not meet the criteria that was required for leave to serve a late Notice of Claim.