Figueroa v. New York City Health & Hospitals Corp.
This text of 49 A.D.3d 454 (Figueroa v. New York City Health & Hospitals Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[455]*455Defendant’s possession of plaintiffs medical records since the time of the alleged malpractice at birth in 1995 gave it actual notice of the alleged cause of the infant’s cerebral palsy from the inception. Given this knowledge of the essential facts and resultant lack of substantial prejudice, the delay in moving to file a notice of claim nunc pro tunc is not fatal (see Talavera ex rel. Rios v New York City Health & Hosps. Corp., 48 AD3d 276 [2008]; Caminero v New York City Health & Hosps. Corp. [Bronx Mun. Hosp. Ctr.], 21 AD3d 330 [2005]). Concur—Tom, J.P., Andrias, Nardelli and Sweeny, JJ.
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49 A.D.3d 454, 854 N.Y.2d 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/figueroa-v-new-york-city-health-hospitals-corp-nyappdiv-2008.