D'Anjou v. New York City Health & Hospitals Corp.

Santucci, J.,

dissents and votes to affirm the order dated February 1, 1991, insofar as appealed from, and to affirm the order dated October 28, 1991, with the following memorandum: I dissent. As the majority points out, "the service of a late notice of claim is often permissible in a medical malpractice action relating to the care and treatment of a patient because the hospital possesses the patient’s medical records and thus has actual notice of the claim and underlying facts” (see, e.g., Matter of Kurz v New York City Health & Hosps. Corp., 174 AD2d 671; Matter of Quiroz v City of New York,…