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POTTS v. CITY OF NEW YORK HEALTH AND HOSPITALS CORPORATION

270 A.D.2d 129 (2000)

706 N.Y.S.2d 622

MARILYN POTTS, Appellant, v. CITY OF NEW YORK HEALTH AND HOSPITALS CORPORATION et al., Respondents, et al., Defendants.

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

Decided March 21, 2000.

The IAS Court properly denied plaintiff's application for leave to file a late notice of claim against the HHC defendants given the inadequacy of plaintiff's excuse for the delay. Although plaintiff asserts that the delay was attributable to the circumstance that she was awaiting hospital records, it is plain that those records were not necessary to the composition and filing of a notice of her claim (see, Rechenberger v Nassau County Med. Ctr., 112...

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