Legal Opinion
Wally G., an Infant,by His Mother and Natural Guardian, Yoselin T. v. New York City Health and Hospitals Corporation (Metropolitan Hospital)
New York Court of Appeals
Decided June 9, 2016No. 95PublishedCited by 50 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
The issue on this appeal is whether the Appellate Division abused its discretion in affirming Supreme Court’s denial of plaintiff’s motion for leave to serve a late notice of claim on defendant New York City Health and Hospitals Corp. (HHC). We hold that it did not.
General Municipal Law § 50-e (1) (a) requires that a notice of claim be served on a public corporation “within ninety days after the claim arises.” In medical malpractice actions, “the cause of action accrues on the date when the alleged original negligent act or omission occurred” (Young v New York…
2Cases cited6 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
- Murray v. City of New YorkNew York Court of Appeals · 1972
- Pearson v. New York City Health and Hospitals CorporationNew York Court of Appeals · 2008
1 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Newcomb v. Middle Country Central School DistrictNew York Court of Appeals · 2016
- Matter of Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Dusch v. Erie County Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of McVea v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 2020
- Rodriguez v. Westchester Med. Ctr. (WMC)Appellate Division of the Supreme Court of the State of New York · 2021
45 more not listed; retrieve them via the Exa API.