Bowen v. Salamanca District Hospital Authority

Order unanimously reversed, on the law and facts, with costs, and motion granted. Memorandum: Special Term erred in denying plaintiff’s motion for leave to file a late notice of claim pursuant to subdivision 5 of section 50-e of the General Municipal Law. The plaintiff was operated on for a hysterectomy on August 25,1982, which resulted in a vesicle vaginal fistula. This condition went undetected until December 28, 1982. Plaintiff claims defendant hospital was negligent in both the operation and hospital procedures. Defendant claims that the first notice of plaintiff’s claim was March…