Baker v. New York City Health & Hospitals Corp.

In a proceeding pursuant to section 5.0-e of the 'General Municipal Law for leave to serve upon *579the defendant New York City Health and Hospitals Corporation a late notice of claim for damages for the wrongful death and conscious pain and suffering of the plaintiff administrator’s wife, plaintiffs appeal from an order of the Supreme Court, Queens County, dated May 4, 1973, which denied the application. Order modified, on the law and the facts, by inserting therein, immediately after the provision that the application is “denied”, the following: “ except that leave to serve such notice of claim…