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WILLIAMS v. NASSAU COUNTY MED

6 N.Y.3d 531 (2006)

847 N.E.2d 1154

814 N.Y.S.2d 580

TYMEIK WILLIAMS, an Infant, by His Mother and Natural Guardian, LEKESHA FOWLER, Appellant, v. NASSAU COUNTY MEDICAL CENTER et al., Respondents.

Court of Appeals of the State of New York.

Decided April 4, 2006.

Attorney(s) appearing for the Case

Fitzgerald & Fitzgerald, P.C., Yonkers (John M. Daly, John E. Fitzgerald, Eugene S.R. Pagano, Mitchell L. Gittin and Christopher J. Lennon of counsel), for appellant.

Lorna B. Goodman, County Attorney, Mineola (David B. Goldin and Karen Hutson of counsel), for respondents.

Michael A. Cardozo, Corporation Counsel, New York City (Kristin M. Helmers and Janet L. Zaleon of counsel), for New York City Health and Hospitals Corporation, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

In General Municipal Law § 50-e, the Legislature enacted a protocol for serving a notice of claim as a condition precedent to a suit against a public corporation. Section 50-e (1) requires that the notice be served within 90 days after the claim arises. The Legislature, however, gave courts discretion to extend the time and devised criteria for determining whether to...

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