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MATTER OF WILLIAMS v. BRONX MUN. HOSP. CTR.

205 A.D.2d 420 (1994)

613 N.Y.S.2d 401

In the Matter of Eric Williams, Appellant, v. Bronx Municipal Hospital Center, Respondent

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

June 23, 1994

Where the infant petitioner seeks to recover for permanent brain damage due to alleged negligence and medical malpractice committed prior to and at the time of his birth in respondent hospital in 1984, his application to file a late notice of claim should have been granted inasmuch as respondent has been in possession of the child's medical records since the time of the alleged malpractice and has thus had actual notice of the claim...

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