Arauz v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*559In this medical malpractice action in which the infant plaintiff seeks to recover for injuries plaintiffs mother became aware of soon after his birth, the court properly considered the pertinent statutory factors and exercised its discretion in denying the infant plaintiffs motion (General Municipal Law § 50-e [5]). Plaintiffs mother’s excuse that she was unaware that she had a malpractice claim until approximately seven years after the infant plaintiffs birth, without explanation as to how she came to this knowledge, is unreasonable (see Plaza v New York Health & Hosps. Corp. [Jacobi Med.…
2Cases cited6 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Velazquez v. City of New York Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Bryant v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Walker v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Leeds v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 2004
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