Legal Opinion
Rodriguez v. New York City Health & Hospitals Corp. (Jacobi Medical Center)
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 2010PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered January 8, 2008, which granted plaintiffs motion to serve a late notice of claim, unanimously reversed, on the facts, without costs, and the motion denied.
None of the factors that the motion court considered were demonstrated to be in plaintiffs favor (see General Municipal Law § 50-e [5]). Plaintiff failed to offer a reasonable excuse for the eight-year delay in moving for leave. The record shows that the delay is attributable to the fact that plaintiffs mother and guardian, while on notice of his condition, lacked an…
2Cases cited4 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Velazquez v. City of New York Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Bayo v. Burnside Mews AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
- Ranegas-Nobles v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1992
3Cited by4 opinions
- Arauz v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Arauz v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Torres v. New York City Health & hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Torres v. New York City Health & hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2012