Legal Opinion
De La Cruz v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2004PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about August 5, 2004, which, in an action for medical malpractice involving prenatal, labor and delivery services rendered by defendant hospital to plaintiff infant’s mother, insofar as appealed from, granted plaintiffs motion to deem her notice of claim timely served, unanimously affirmed, without costs.
Plaintiff should not be penalized for her mother’s six-year delay in seeking legal counsel and the ensuing four-year delay of her attorney in seeking what is, in effect, leave to serve a late notice of claim, where…
2Cases cited1 opinion
- McMillan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by6 opinions
- Bayo v. Burnside Mews AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
- Pearson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Talavera v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Miranda v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Wally G. v. New York City Health & Hosps. Corp. (Metropolitan Hospital)Appellate Division of the Supreme Court of the State of New York · 2014
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