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RODRIGUEZ v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

270 A.D.2d 110 (2000)

704 N.Y.S.2d 253

PAULA RODRIGUEZ et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Appellants, et al., Defendant.

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

Decided March 16, 2000.

Defendants, who made a record of plaintiff's medical condition during her hospital stay from July 13 to September 3, 1991, have known all along the essential facts constituting plaintiff's claim, namely, that she was suffering from herpes encephalitis that was not treated with an anti-viral agent until July 31, 1991, and that she suffered severe brain damage between July 13 and July 31, 1991. Such knowledge, along with plaintiff's infancy, justified relief excusing the late...

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