Clase v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*455Supreme Court properly considered the relevant statutory factors (see General Municipal Law § 50-e [5]) and providently exercised its discretion in denying plaintiffs motion. Plaintiffs infancy did weigh in his favor (see Lisandro v New York City Health & Hosps. Corp. [Metropolitan Hosp. Ctr.], 50 AD3d 304 [2008], lv denied 10 NY3d 715 [2008]), but denial was warranted under the totality of the factors.
Plaintiffs reliance upon the medical records to show that defendants “acquired actual knowledge of the essential facts constituting the claim within [90 days from when the claim accrued] or…
2Cases cited3 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Perez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Lisandro v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2008