Dunne v. Grello

In an action to recover damages for medical malpractice, the defendants Ann M. Ward, M.D., and the Martin Luther King, Jr. Community Health Center appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), entered May 23, 1990, which, upon renewal and reargument, granted the plaintiff’s motion for leave to serve a late notice of claim and denied the defendants’ cross motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

" 'The rationale for requiring one who sues a public corporation to file a notice of claim within 90 days, is far less cogent and…