Morton v. New York City Health & Hospitals Corp.

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered August 3, 2004, which granted petitioner’s application for leave to serve a late notice of claim against respondent Health and Hospitals Corporation, unanimously affirmed, without costs.

No leave was required with respect to the claim for wrongful death, which was timely made less than a month after petitioner’s appointment as the representative of the. decedent’s estate (General Municipal Law § 50-e [1] [a]). With respect to the pain and suffering and other claims that petitioner asserts on behalf of the decedent, death is a…