MATTER OF NEGRON v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION


262 A.D.2d 217 (1999)

691 N.Y.S.2d 770

In the Matter of MARIA NEGRON as Mother and Natural Guardian of JONATHAN COURET, an Infant, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided June 22, 1999.


The IAS Court properly denied petitioner's application to file a late notice of claim because the six-year delay in applying for such relief was not substantially attributable to the infancy of petitioner's son and has prejudiced respondent's ability to investigate the claim and, ultimately, to defend an action premised thereon. Contrary to petitioner's contention, the medical records in respondent's possession did not afford it timely notice of the facts constituting the...

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