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OCASIO v. NEW YORK CITY HEALTH & HOSPITALS CORP.

14 A.D.3d 361 (2005)

788 N.Y.S.2d 82

MATTHEW OCASIO, an Infant, by His Mother and Natural Guardian, NORMA OCASIO, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (MORRISANIA NEIGHBORHOOD FAMILY CARE CENTER), Respondent.

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

January 11, 2005.

Plaintiff did not demonstrate a reasonable excuse for failing to file a timely notice of claim, failed to establish that defendant had notice of the facts constituting his claim within 90 days or reasonable time thereafter, and failed to show that defendant will not be substantially prejudiced in its ability to investigate this matter and defend the claim on the merits by the delay of 9½ years in affording defendant the requisite...

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