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SUN v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

13 A.D.3d 151 (2004)

785 N.Y.S.2d 696

FUSCHSIA SUN et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents, et al., Defendant.

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

December 14, 2004.

Plaintiff mother did not file a timely notice of claim and did not seek leave to file a late notice of claim prior to the expiration of the applicable statutory period. Her claims against defendants-respondents were thus properly dismissed (see Hall v City of New York, 1 A.D.3d 254 [2003]). Contrary to plaintiffs' argument, there do not exist the sort of exceptional circumstances upon which...

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