Matarrese v. New York City Health & Hospitals Corp.

Miller, J. (dissenting).

I do not agree with the conclusion of the majority that the Supreme Court erred in granting leave to serve a late notice of claim. Rather, I find that the Supreme Court providently exercised its discretion in granting the application, as the petitioner demonstrated that the appellant, *12the New York City Health and Hospitals Corporation (hereinafter HHC), was not prejudiced by the delay, and that it had acquired actual notice of the facts pertaining to the alleged malpractice by virtue of its medical records. Consequently, I would affirm the order on appeal.

The infant…