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MATTER OF VEGA v. NEW YORK CITY HEALTH & HOSPS. CORP.

65 A.D.2d 713 (1978)

In the Matter of Gloria Vega, as Mother and Natural Guardian of Dulcette Vega, an Infant, Respondent, v. New York City Health and Hospitals Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 16, 1978

The infant plaintiff was born in November, 1963 and is suffering from permanent brain damage allegedly resulting from defendant's negligence at the time of her birth. Plaintiff first attempted to file a late notice of claim in November, 1976 by making an application at Special Term to compel the defendant to accept late notice. Plaintiff offered as excuse for delay in filing the infancy and disability of the infant plaintiff. Special Term granted the motion, relying on the...

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