Spaulding v. New York City Health & Hospitals Corp.

—Order, Supreme Court, New York County (Douglas McKeon, J.), entered November 16, 1993, which, inter alia, denied plaintiffs’ motion to deem their notice of claim timely filed nunc pro tunc, unanimously modified, on the law, and the facts, to grant the motion as to the infant plaintiff only, and otherwise affirmed, without costs.

Inasmuch as defendant has been in possession of the infant’s medical records since the time of the alleged malpractice in 1982 when the infant plaintiff was born, it had actual notice of the claim that the infant’s cerebral palsy was due to defendant’s malpractice…