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


174 A.D.2d 671 (1991)

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

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

June 17, 1991


Ordered that the order is affirmed, with costs.

Contrary to the contentions of the appellant New York City Health and Hospitals Corporation (hereinafter HHC), we find that the court did not improvidently exercise its discretion in granting the petitioner leave to serve a late notice of claim. The record reveals that the petitioner's two infant children, fraternal twins, were born in November 1979, at the appellant's Elmhurst General Hospital. The first twin born,...

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