Di Notte v. County of Westchester

In a medical malpractice action, plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Delaney, J.), entered September 19, 1984, as denied her application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5) with respect to her first and second causes of action.

Order reversed insofar as appealed from, as a matter of discretion, with costs, plaintiff’s application for leave to serve a late notice of claim with respect to her claims for decedent’s conscious pain and suffering and her own derivative claim granted, said notice of…