MTR OF MATARRESE v. NYCHHC


215 A.D.2d 7 (1995)

633 N.Y.S.2d 837

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

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

November 20, 1995


Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Francis Caputo, Elizabeth Natrella and Elizabeth Dvorkin of counsel), for appellant.

John Anthony Bonina & Associates, P. C., Brooklyn (Sandra D. Janin of counsel), for respondent.

SULLIVAN, J. P., and ROSENBLATT, J., concur with BALLETTA, J.; MILLER, J., dissents in a separate opinion.


BALLETTA, J.

Although the determination of whether to grant an application for leave to serve a late notice of claim is generally left to the sound discretion of the trial court (see, Matter of Kyser v New York City Hous. Auth., 178 A.D.2d 601; Matter of Gruber v City of New York, 156 A.D.2d 450), we find that under the...

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