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LUCERO v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (ELMHURST HOSPITAL CENTER)

33 A.D.3d 977 (2006)

823 N.Y.S.2d 507

KELVIN LUCERO, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (ELMHURST HOSPITAL CENTER), Respondent.

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

Decided October 31, 2006.

Ordered that the judgment is affirmed; and it is further;

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the defendant is awarded one bill of costs.

Ten years after his birth, the plaintiff, an infant, sought leave to serve a late notice of claim upon the defendant, seeking damages for injuries the infant plaintiff alleges were caused by medical malpractice during his birth. The Supreme Court denied the...

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