Pearson v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Andrias, J.
Plaintiff’s failure to offer an excuse for her six-month *94delay in serving a notice of claim on behalf of her infant daughter, who was born on December 2, 2000 and received well baby care at Harlem Hospital until August 7, 2003, should not, by itself, deprive the infant of her day in court (see Matter of An-song v City of New York, 308 AD2d 333, 334 [2003]; Matter of Dubowy v City of New York, 305 AD2d 320 [2003]). While a delay of service caused by infancy would make a more compelling argument to justify allowing late service of a notice of claim, the lack of a…
2Cases cited29 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Tucker v. TuckerNew York Court of Appeals · 1982
- Dubowy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Louis R. Shapiro, Inc. v. Milspemes Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Ansong v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
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