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IN THE MATTER OF SPEED v. A. HOLLY PATTERSON EXTENDED CARE FACILITY

10 A.D.3d 400 (2004)

781 N.Y.S.2d 135

In the Matter of LYDIA SPEED, Appellant v. A. HOLLY PATTERSON EXTENDED CARE FACILITY, Respondent, et al., Respondents.

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

Decided August 9, 2004.

Ordered that the order is reversed insofar as appealed from, on the facts and as a matter of discretion, with costs, that branch of the petition which was for leave to serve a late notice of claim on the respondent A. Holly Patterson Extended Care Facility is granted, and the notice of claim is deemed served on that respondent.

A court may, in its discretion, grant a petition for leave to serve a late notice of claim under General Municipal Law § 50-e (5). In...

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