YEARWOOD v. NEW YORK CITY HEALTH & HOSPS. CORP.


181 A.D.2d 769 (1992)

Ivy Yearwood, Respondent, v. New York City Health & Hospitals Corporation, Appellant

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

March 16, 1992


Ordered that the order is affirmed, without costs or disbursements.

The plaintiff offered an acceptable explanation for her failure to timely serve the complaint demanded by the defendant and submitted an adequate affidavit of merit. Thus, it was not an improvident exercise of discretion to grant the plaintiff's motion (see, CPLR 3012 [d]; 2005), particularly since there was no prejudice to...

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