Legal Opinion

Randolph v. Westchester Medical Center

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 2014No. 2011-09785PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for dental malpractice and lack of informed consent, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Walker, J.), entered July 1, 2011, as denied that branch of his motion which was, in effect, for leave to serve a late notice of claim.

Ordered that the order is affirmed insofar as appealed from, with costs.

“In determining whether to grant an application for leave to serve a late notice of claim or to deem a late notice of claim timely served nunc pro tunc, the court must consider whether (1) the…

2Cases cited6 opinions

  1. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  3. Iacone v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2011
  4. Mitchell v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2012
  5. Hasmath v. CamebAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by8 opinions

  1. Matter of Rojas v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Breslin v. Nassau Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Hudson v. PatelAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Kumar v. Dormitory Auth. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Brown v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2021

3 more not listed; retrieve them via the Exa API.

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