Manfredonio v. New York City Health & Hospitals Corp.

OPINION OF THE COURT

Harold Tompkins, J.

Petitioners move pursuant to subdivision 5 of section 50-e of the General Municipal Law for an order permitting late service and filing of a notice of claim. The proposed claim concerns alleged medical malpractice committed against the infant petitioner and her mother, who is also a petitioner as guardian of her daughter and on the derivative claim.

Subdivision 5 of section 50-e of the General Municipal Law provides that the court in its discretion may grant an extension of time to serve a notice of claim as long as the extension does not exceed the…