MOODY v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION


29 A.D.3d 395 (2006)

815 N.Y.S.2d 67

MOODY T. MOODY, an Infant, by her Mother and Natural Guardian, DELISSER MOODY, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, (RENAISSANCE HEALTH CARE NETWORK), Appellant.

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

May 16, 2006.


The court did not improvidently exercise its discretion in granting permission to file a late notice of claim after considering such factors as plaintiff's infancy, whether there was a reasonable excuse for the delay, whether the municipal defendant acquired actual knowledge of the pertinent facts constituting the claim, and whether the delay prejudiced defendant's ability to defend against the claim (General Municipal Law § 50-e [5];

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