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IN THE MATTER OF MORTON v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

24 A.D.3d 229 (2005)

808 N.Y.S.2d 162

In the Matter of RANDALL MORTON, as Administrator of the Estate of AMBROSINE MUSSINGTON, Deceased, et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant.

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

December 15, 2005.

No leave was required with respect to the claim for wrongful death, which was timely made less than a month after petitioner's appointment as the representative of the decedent's estate (General Municipal Law § 50-e [1] [a]). With respect to the pain and suffering and other claims that petitioner asserts on behalf of the decedent, death is a statutory ground for granting leave to file a late notice of claim provided there is no substantial prejudice to the public corporation...

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