Legal Opinion

Flores-Vasquez v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 24, 2013Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered April 10, 2012, which granted plaintiffs’ motion for leave to file a late notice of claim to the extent of granting infant plaintiff leave to file a new notice of claim within 30 days of entry of the order, unanimously affirmed, without costs.

In determining if leave should be granted, the court must consider “whether the movant demonstrated a reasonable excuse for the failure to serve the notice of claim within the statutory time frame, whether the municipality acquired actual notice of the essential facts of the claim within…

2Cases cited4 opinions

  1. Dubowy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  2. Perez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Ansong v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  4. Bayo v. Burnside Mews AssociatesAppellate Division of the Supreme Court of the State of New York · 2007

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