Rosario v. New York City Health & Hospitals Corp.

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered August 27, 2012, which granted plaintiffs’ motion for leave to file a late notice of claim as to the infant plaintiff alone, and denied defendant’s cross motion to dismiss the complaint, unanimously affirmed, without costs.

Upon consideration of the factors relevant to deciding a motion for leave to file a late notice of claim, we find that the court properly granted plaintiffs motion (see Matter of Dubowy v City of New York, 305 AD2d 320 [1st Dept 2003]; General Municipal Law § 50-e [5]). Plaintiffs’ failure to demonstrate a…