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BAILEY v. CITY OF NEW YORK

159 A.D.2d 280 (1990)

Harold Bailey, Appellant, v. City of New York et al., Respondents

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

March 13, 1990

In support of his various motions to invoke the court's discretion to permit him to file a late notice of claim, the plaintiff failed to sufficiently allege a malpractice claim. Nor did he provide a reasonable excuse for his eight-month delay. Under these circumstances, the fact that the hospital may have had knowledge of the circumstances surrounding his treatment, in the form of records in its possession, as in Matter of Quiroz...

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