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IN THE MATTER OF FEROZ v. CITY OF NEW YORK

8 A.D.3d 275 (2004)

777 N.Y.S.2d 690

In the Matter of JAISHA FEROZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

June 1, 2004.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the application for leave to serve a late notice of claim is granted.

The infant petitioner allegedly sustained an injury known as Erb's palsy during her delivery at Coney Island Hospital (hereinafter the hospital), and she subsequently received treatment for that injury at the hospital. Nine months after her birth, her mother Neelam Akhtar, served a notice of claim on the...

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