Ordered that the order is reversed insofar as appealed from, in the exercise of discretion, with costs, and application denied in its entirety.
In this case there was a delay of 9 years and 10 months in bringing the application for leave to serve a late notice of claim to recover damages for alleged medical malpractice. Under the terms of the statute, the fact of infancy alone, without more, is insufficient to warrant the granting of leave to serve a late notice of...
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