Order unanimously reversed, on the law and facts, with costs, and motion granted.
Memorandum:
Special Term erred in denying plaintiff's motion for leave to file a late notice of claim pursuant to subdivision 5 of section 50-e of the General Municipal Law. The plaintiff was operated on for a hysterectomy on August 25, 1982, which resulted in a vesicle vaginal fistula. This condition went undetected until December 28, 1982. Plaintiff claims defendant hospital...
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