Plaintiff should not be penalized for her mother's six-year delay in seeking legal counsel and the ensuing four-year delay of her attorney in seeking what is, in effect, leave to serve a late notice of claim, where defendant has been in possession of plaintiff's medical records since the time of the alleged acts of malpractice, and does not show how it has been prejudiced by these delays (see Matter of McMillan v City of New York,
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CRUZ v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION
13 A.D.3d 130 (2004)
786 N.Y.S.2d 52
ELIZABETH DE LA CRUZ et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (GOUVERNEUR HOSPITAL AND BELLEVUE HOSPITAL CENTER), Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 9, 2004.
December 9, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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