De Jesus v. County of Albany
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Cardona, P. J.
Appeal from an order of the Supreme Court (Teresi, J.), entered October 29, 1998 in Albany County, which, inter alia, denied plaintiffs motion pursuant to General Municipal Law § 50-e for leave to file a late notice of claim.
In May 1997, plaintiffs decedent, who was afflicted with the HIV virus, was an inmate at the Albany County Jail. On or about May 25, 1997, decedent was allegedly attacked and assaulted by other inmates and sustained various injuries, including a fractured left knee. Thereafter, decedent’s HIV virus progressed to an active AIDS infection and, on or about…
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