Legal Opinion

Lisandro v. New York City Health & Hospitals Corp.

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

Decided April 3, 2008PublishedCited by 10 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Charles J. Tejada, J.), entered October 7, 2005, which, insofar as appealed from as limited by the briefs, granted infant plaintiffs motion to file a late notice of claim, unanimously affirmed, without costs.

The court exercised its discretion in a provident manner in allowing the infant plaintiff to file a late notice of claim (General Municipal Law § 50-e [5]). The lack of a causative nexus between the delay and plaintiffs infancy is not fatal by itself (see Williams v Nassau County Med. Ctr., 6 NY3d 531, 538 [2006]). Here, the record establishes that…

2Cases cited3 opinions

  1. Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
  2. Bayo v. Burnside Mews AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
  3. Moody v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by10 opinions

  1. Perez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Mercado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  3. Clase v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Hosking v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  5. Kelley v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2010

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