Mullen v. Flushing Hospital

In a wrongful death action, the defendant Ganesh P. Kumar appeals from so much of an order of the Supreme Court, Queens County (Rosenzweig, J.), dated February 9, 1989, as denied his motion to dismiss the complaint and granted the plaintiff’s cross motion to file a late notice of medical malpractice action.

Ordered that the order is affirmed insofar as appealed from, with costs.

An examination of the record leads us to conclude that the Supreme Court did not improvidently exercise its discretion in allowing the plaintiff to file a late notice of medical malpractice action (CPLR 3406 [a]) since,…