MATTER OF AVILES v. NEW YORK CITY HEALTH & HOSPS. CORP.


172 A.D.2d 237 (1991)

In the Matter of Gladys Aviles, Appellant, v. New York City Health and Hospitals Corporation, Respondent

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

April 9, 1991


The claimant was treated for a fractured wrist at Lincoln Hospital and released on October 12, 1988. On November 21, 1988, she returned to the hospital complaining that the cast applied by hospital employees had become loose, allegedly as a result of malpractice by the respondent.

Claimant retained counsel as early as January 25, 1989. On that date, she signed a proposed notice of claim, which was, for unexplained reasons...

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