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ALONZO GREENE, JR. v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

35 A.D.3d 206 (2006)

826 N.Y.S.2d 38

PAUL ALONZO GREENE, JR., an Infant, by His Mother and Natural Guardian, ERICA MIDDLETON, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant.

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

Decided December 7, 2006.

Although the delay in filing the notice of claim was only adequately explained in part, the absence of a wholly satisfactory excuse is not fatal in view of the circumstance that defendant public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and sustained no prejudice attributable to the delay (see Caminero v New York City Health & Hosps. Corp. [Bronx Mun. Hosp. Ctr...

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