MATTER OF MOOCHLER v. WYOMING COUNTY HOSP.


83 A.D.2d 992 (1981)

In the Matter of Mark Moochler et al., as Parents and Natural Guardians of Kelly Moochler, an Infant, Appellants, v. Wyoming County Hospital, Respondent

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

September 25, 1981


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...

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