Home/Appellate Division of the Supreme Court of New York/McMillan v. City of New York

McMillan v. City of New York

279 A.D.2d 280, 718 N.Y.S.2d 819, 2001 N.Y. App. Div. LEXIS 102
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 9, 2001
StatusPublished
Cited by14 cases

This text of 279 A.D.2d 280 (McMillan v. City of New York) 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
McMillan v. City of New York, 279 A.D.2d 280, 718 N.Y.S.2d 819, 2001 N.Y. App. Div. LEXIS 102 (N.Y. Ct. App. 2001).

Opinion

Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 1, 1999, which, insofar as appealed from, granted petitioner infant’s application to serve a late notice of claim alleging respondents’ malpractice in rendering prenatal care to her mother and neonatal care to herself, unanimously affirmed, without costs.

The infant, who claims that her brain damage, cerebral palsy and spastic quadriplegia were caused by respondents’ malpractice, should not be penalized for the two-year delay of her mother in seeking legal counsel and the ensuing five-year delay caused by counsel’s law-office failure, where respondents have been in possession of her medical records since the time of the alleged malpractice, and, accordingly, have not been prejudiced by the delay (see, Spaulding v New York City Health & Hasps. Corp., 210 AD2d 128, citing Matter of Williams v Bronx Mun. Hosp. Ctr., 205 AD2d 420, 421; Cruz v City of New York, 200 AD2d 407, 408; see also, Matter of Kurz v New York City Health & Hosps. Corp., 174 AD2d 671). Respondents’ claim of prejudice by reason of two of the doctors accused of malpractice having left their employ is unconvincing absent a showing that the doctors are actually unavailable. Concur — Sullivan, P. J., Williams, Tom, Saxe and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of JJCRR v. New York City Hous. Auth.
2024 NY Slip Op 06276 (Appellate Division of the Supreme Court of New York, 2024)
Bowser v. New York Health & Hospitals Corp.
93 A.D.3d 608 (Appellate Division of the Supreme Court of New York, 2012)
Miranda v. New York City Health & Hospitals Corp.
82 A.D.3d 536 (Appellate Division of the Supreme Court of New York, 2011)
Kumar v. Westchester County Health Care Corp.
78 A.D.3d 1054 (Appellate Division of the Supreme Court of New York, 2010)
Bayo v. Burnside Mews Associates
45 A.D.3d 495 (Appellate Division of the Supreme Court of New York, 2007)
Cifuentes v. New York City Health & Hospitals Corp.
43 A.D.3d 385 (Appellate Division of the Supreme Court of New York, 2007)
Rivera-Guallpa v. County of Nassau
40 A.D.3d 1001 (Appellate Division of the Supreme Court of New York, 2007)
Greene v. New York City Health & Hospitals Corp.
35 A.D.3d 206 (Appellate Division of the Supreme Court of New York, 2006)
Moody v. New York City Health & Hospitals Corp.
29 A.D.3d 395 (Appellate Division of the Supreme Court of New York, 2006)
Caminero v. New York City Health & Hospitals Corp.
21 A.D.3d 330 (Appellate Division of the Supreme Court of New York, 2005)
De La Cruz v. New York City Health & Hospitals Corp.
13 A.D.3d 130 (Appellate Division of the Supreme Court of New York, 2004)
Hardison v. New York City Health & Hospitals Corp.
11 A.D.3d 403 (Appellate Division of the Supreme Court of New York, 2004)
Celeste v. Nassau Health Care Corp.
8 A.D.3d 271 (Appellate Division of the Supreme Court of New York, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
279 A.D.2d 280, 718 N.Y.S.2d 819, 2001 N.Y. App. Div. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillan-v-city-of-new-york-nyappdiv-2001.