Strobel v. County of Lewis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order insofar as appealed from unanimously reversed on the law without costs *949and claimants’ motion granted. Memorandum: The court improvidently exercised its discretion in denying claimants’ application to extend the time to serve a notice of claim on their own behalf pursuant to General Municipal Law § 50-e (5). The hospital had actual notice of the facts constituting the claim by virtue of its possession of medical records pertaining to Mrs. Strobel’s care and treatment at the hospital (see, Kavanaugh v Memorial Hosp. & Nursing Home, 126 AD2d 930, 931). The operative facts of the…
2Cases cited2 opinions
- Rechenberger v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1985
- Kavanaugh v. Memorial Hospital & Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by4 opinions
- Kurz v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Andrew T.B. v. Brewster Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2005
- Tomlinson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Claim of Tyson v. Roswell Park Cancer Institute Corp.New York Court of Claims · 2003