Moody v. New York City Health & Hospitals Corp.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered September 16, 2004, which, to the extent appealed from as limited by the briefs, granted the infant plaintiffs motion for leave to serve a late notice of claim, unanimously affirmed, without costs.

The court did not improvidently exercise its discretion in granting permission to file a late notice of claim after considering such factors as plaintiffs infancy, whether there was a reasonable excuse for the delay, whether the municipal defendant acquired actual knowledge of the pertinent facts constituting the claim, and whether…