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MATTER OF MANDIA v. COUNTY OF WESTCHESTER

162 A.D.2d 217 (1990)

In the Matter of Joseph Mandia et al., Appellants, v. County of Westchester et al., Respondents

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

June 14, 1990

The IAS court properly exercised its discretion in denying petitioners' application to file a late notice of claim on the grounds that respondent Westchester County Medical Center (the Hospital) would be prejudiced in its defense on the malpractice claim by petitioners' eight-month delay in serving notice of the claim. (see, General Municipal Law § 50-e [1] [a].)

Petitioners failed to submit a medical affidavit by a physician or otherwise to substantiate...

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