Leonetti v. Das

Appellate Division of the Supreme Court of New York

Leonetti v. Das

256 A.D.2d 128, 681 N.Y.S.2d 284, 1998 N.Y. App. Div. LEXIS 13274

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

DecidedDecember 10, 1998

StatusPublished

Cited by2 cases

This text of 256 A.D.2d 128 (Leonetti v. Das) 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.

Bluebook

Leonetti v. Das, 256 A.D.2d 128, 681 N.Y.S.2d 284, 1998 N.Y. App. Div. LEXIS 13274 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, New York County (William Davis, J.), entered June 9, 1997, which, in an action for medical malpractice, denied plaintiffs motion to serve a late notice of claim, unanimously affirmed, without costs.

The motion was properly denied because the medical records in defendant’s possession did not give it notice of the facts constituting plaintiffs claim, and the nearly 10-year delay in serving a notice of claim was not attributable to plaintiffs infancy and has prejudiced defendant’s ability to investigate the claim and defend the action (see, Matter of Matarrese v New York City Health & Hosps. Corp., 215 AD2d 7, lv denied 87 NY2d 810). Concur — Sullivan, J. P., Milonas, Wallach, Williams and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (William Davis, J.), entered June 9, 1997, which, in an action for medical malpractice, denied plaintiffs motion to serve a late notice of claim, unanimously affirmed, without costs.

The motion was properly denied because the medical records in defendant’s possession did not give it notice of the facts constituting plaintiffs claim, and the nearly 10-year delay in serving a notice of claim was not attributable to plaintiffs infancy and has prejudiced defendant’s ability to investigate the claim and defend the action (see, Matter of Matarrese v New York City Health & Hosps. Corp., 215 AD2d 7, lv denied 87 NY2d 810). Concur — Sullivan, J. P., Milonas, Wallach, Williams and Mazzarelli, JJ.

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Bluebook (online)

256 A.D.2d 128, 681 N.Y.S.2d 284, 1998 N.Y. App. Div. LEXIS 13274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonetti-v-das-nyappdiv-1998.

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