Leone v. County of Nassau

Appellate Division of the Supreme Court of New York

Leone v. County of Nassau

225 A.D.2d 776, 639 N.Y.2d 954, 639 N.Y.S.2d 954, 1996 N.Y. App. Div. LEXIS 3134

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 25, 1996

StatusPublished

Cited by1 cases

This text of 225 A.D.2d 776 (Leone v. County of Nassau) 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.

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Leone v. County of Nassau, 225 A.D.2d 776, 639 N.Y.2d 954, 639 N.Y.S.2d 954, 1996 N.Y. App. Div. LEXIS 3134 (N.Y. Ct. App. 1996).

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Opinion

The Supreme Court did not improvidently exercise its discretion in granting the infant petitioner’s application for leave to serve a late notice of claim. The application was made within the appropriate period of limitation, as tolled by infancy (see, Matter of Makris v Westchester County, 208 AD2d 843). Unlike the appellant in Matter of Matarrese v New York City Health & Hosps. Corp. (215 AD2d 7), in this case the County of Nassau and the Nassau County Medical Center (hereinafter the Medical Center) will not be unduly prejudiced by the delay in serving a notice of claim. The Medical Center is in possession of detailed infant medical records and one of the doctors involved is still employed by the Medical Center and is available to testify.

We find no merit to the appellants’ remaining contentions. Balletta, J. P., Joy, Krausman and Florio, JJ., concur.

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The Supreme Court did not improvidently exercise its discretion in granting the infant petitioner’s application for leave to serve a late notice of claim. The application was made within the appropriate period of limitation, as tolled by infancy (see, Matter of Makris v Westchester County, 208 AD2d 843). Unlike the appellant in Matter of Matarrese v New York City Health & Hosps. Corp. (215 AD2d 7), in this case the County of Nassau and the Nassau County Medical Center (hereinafter the Medical Center) will not be unduly prejudiced by the delay in serving a notice of claim. The Medical Center is in possession of detailed infant medical records and one of the doctors involved is still employed by the Medical Center and is available to testify.

We find no merit to the appellants’ remaining contentions. Balletta, J. P., Joy, Krausman and Florio, JJ., concur.

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Bluebook (online)

225 A.D.2d 776, 639 N.Y.2d 954, 639 N.Y.S.2d 954, 1996 N.Y. App. Div. LEXIS 3134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leone-v-county-of-nassau-nyappdiv-1996.

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