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MONTERO v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

17 A.D.3d 550 (2005)

793 N.Y.S.2d 160

TANIA MONTERO et al., Respondents, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION et al., Appellants, et al., Defendants.

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

April 18, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the motion for leave to serve a late notice of claim. The New York City Health & Hospitals Corporation (hereinafter the HHC) was in possession of the medical records and thus had actual notice of the underlying facts of the claim (see Matter of Hendershot v Westchester Med. Ctr., 8 A.D.3d 381, 382 [2004]...

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