Argueta v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice, etc., the infant plaintiff, Sophie Argueta, appeals from an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated January 9, 2009, which denied her motion to deem her late notice of claim timely served nunc pro tunc, or, in the alternative, for leave to serve a late notice of claim.
Ordered that the order is affirmed, with costs.
In exercising its discretion to grant leave to serve a late notice of claim, the court must consider various factors, including whether (1) the claimant is an infant, (2) the claimant has…
2Cases cited6 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Rios v. Westchester County Healthcare Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Rowe v. Nassau Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Ali v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2009
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3Cited by12 opinions
- Lyles Ex Rel. Hernandez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Kaur v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Magana v. Westchester County Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Matter of Barrett v. Village of Wappingers FallsAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Shun Mao Ma v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2017
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