Innis v. State

— In a proceeding for leave to file a late claim, defendants Downstate Medical Center State University Hospital and the State of New York appeal from an order of the Court of Claims (Silverman, J.), dated May 21,1981, which granted claimants’ motion for leave to file said late claim against them. Order reversed, as a matter of discretion, without costs or disbursements, and motion denied. Claimants, husband and wife, based their claim on the wife’s unsuccessful tubal ligation performed by defendant hospital on October 27, 1978. By January of 1979, tests indicated the wife’s pregnancy. On…