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TAVAREZ v. NEW YORK CITY HEALTH & HOSPITALS CORP.

264 A.D.2d 338 (1999)

693 N.Y.S.2d 438

JOSHUA TAVAREZ, Appellant, v. NEW YORK CITY HEALTH & HOSPITALS CORP., Respondent.

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

Decided August 12, 1999.

The IAS Court properly denied petitioner's application, since petitioner's lengthy delay in serving his notice of claim was not solely attributable to his infancy and has prejudiced respondent's ability to investigate the claim (see, Leonetti v Das, 256 A.D.2d 128). Although petitioner urges that respondent had timely actual knowledge of the facts constituting the medical malpractice claim and, accordingly, will suffer no prejudice...

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