Moochler v. Wyoming County Hospital

Appellate Division of the Supreme Court of New York

Moochler v. Wyoming County Hospital

83 A.D.2d 992

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

DecidedSeptember 25, 1981

StatusPublished

This text of 83 A.D.2d 992 (Moochler v. Wyoming County Hospital) 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

Moochler v. Wyoming County Hospital, 83 A.D.2d 992 (N.Y. Ct. App. 1981).

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Opinion

Order unanimously reversed, with costs, and motion granted. Memorandum: Claimant, an infant, suffers from severe brain damage. Her parents commenced this action on her behalf, alleging that her condition is the result of negligent medical treatment rendered by defendant, a municipal corporation, on December 23, 1978. On January 29, 1980 claimant applied pursuant to subdivision 5 of section 50-e of the General Municipal Law for relief to serve a late notice of claim on defendant; the motion was denied. Under the particular facts and circumstances presented in this case, an extension should have been granted and the infant claimant permitted to file a notice of claim (see Cohen v Pearl Riv. Union Free School Dist., 51 NY2d 256; Matter of Ziecker v Town of Orchard Park, 70 AD2d 422, affd 51 NY2d 957). (Appeal from order of Genesee Supreme Court, Fritsch, J. — late notice of claim.) Present — Dillon, P. J., Simons, Doerr, Moule and Schnepp, JJ.

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Order unanimously reversed, with costs, and motion granted. Memorandum: Claimant, an infant, suffers from severe brain damage. Her parents commenced this action on her behalf, alleging that her condition is the result of negligent medical treatment rendered by defendant, a municipal corporation, on December 23, 1978. On January 29, 1980 claimant applied pursuant to subdivision 5 of section 50-e of the General Municipal Law for relief to serve a late notice of claim on defendant; the motion was denied. Under the particular facts and circumstances presented in this case, an extension should have been granted and the infant claimant permitted to file a notice of claim (see Cohen v Pearl Riv. Union Free School Dist., 51 NY2d 256; Matter of Ziecker v Town of Orchard Park, 70 AD2d 422, affd 51 NY2d 957). (Appeal from order of Genesee Supreme Court, Fritsch, J. — late notice of claim.) Present — Dillon, P. J., Simons, Doerr, Moule and Schnepp, JJ.

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83 A.D.2d 992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moochler-v-wyoming-county-hospital-nyappdiv-1981.

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