Cartagena v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
In this appeal arising from an application to file a late notice of claim, we reiterate that in order for a defendant municipal hospital’s medical record to provide actual notice of a claim, the essential facts underlying the claim, including that the plaintiff was injured, must be documented in the defendant’s own medical record. Absent such documentation, the defendant in this case would be prejudiced by the nine-year delay in the filing of a notice of claim.
The infant plaintiff was allegedly injured during her mother’s labor and delivery as a result of the…
2Cases cited9 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Matarrese v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Tomlinson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Medley v. CichonAppellate Division of the Supreme Court of the State of New York · 2003
- Caminero v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2005
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3Cited by8 opinions
- Taylor v. RidleyDistrict Court, E.D. New York · 2012
- Basualdo v. GuzmanAppellate Division of the Supreme Court of the State of New York · 2013
- Umeh v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2022
- Umeh v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2022
- Abad v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2014
3 more not listed; retrieve them via the Exa API.