Negron v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Negron v. New York City Health & Hospitals Corp.

262 A.D.2d 217, 691 N.Y.S.2d 770, 1999 N.Y. App. Div. LEXIS 7391

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

DecidedJune 22, 1999

StatusPublished

Cited by2 cases

This text of 262 A.D.2d 217 (Negron 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.

Bluebook

Negron v. New York City Health & Hospitals Corp., 262 A.D.2d 217, 691 N.Y.S.2d 770, 1999 N.Y. App. Div. LEXIS 7391 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered March 26, 1998, denying petitioner’s application to file a late notice of claim, unanimously affirmed, without costs.

The IAS Court properly denied petitioner’s application to file a late notice of claim because the six-year delay in applying for such relief was not substantially attributable to the infancy of petitioner’s son and has prejudiced respondent’s ability to investigate the claim and, ultimately, to defend an action premised thereon. Contrary to petitioner’s contention, the medical records in respondent’s possession did not afford it timely notice of the facts constituting the claim (see, Leonetti v Das, 256 AD2d 128). Concur — Nardelli, J. P., Williams, Tom, Wallach and Andrias, JJ.

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—Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered March 26, 1998, denying petitioner’s application to file a late notice of claim, unanimously affirmed, without costs.

The IAS Court properly denied petitioner’s application to file a late notice of claim because the six-year delay in applying for such relief was not substantially attributable to the infancy of petitioner’s son and has prejudiced respondent’s ability to investigate the claim and, ultimately, to defend an action premised thereon. Contrary to petitioner’s contention, the medical records in respondent’s possession did not afford it timely notice of the facts constituting the claim (see, Leonetti v Das, 256 AD2d 128). Concur — Nardelli, J. P., Williams, Tom, Wallach and Andrias, JJ.

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Bluebook (online)

262 A.D.2d 217, 691 N.Y.S.2d 770, 1999 N.Y. App. Div. LEXIS 7391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/negron-v-new-york-city-health-hospitals-corp-nyappdiv-1999.

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