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

214 A.D.2d 342 (1995)

625 N.Y.S.2d 880

Juan A. Abad, as Administrator of The Estate of Yesevia Abad, Also Known as Yesenia Abad, Deceased, Appellant, v. New York City Health and Hospitals Corporation et al., Respondents

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

April 6, 1995

Since plaintiff's application for leave to file a late notice of claim for his decedent's conscious pain and suffering was not made until more than one year and 90 days after the alleged malpractice, the IAS Court was without discretion to excuse the failure to file a notice of claim within 90 days of the alleged malpractice, and the cause of action for conscious pain and suffering was properly dismissed (Pierson v City of New...

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