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IN THE MATTER OF TAPIA v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

27 A.D.3d 655 (2006)

811 N.Y.S.2d 768

In the Matter of JANETTE TAPIA, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

March 21, 2006.

Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, the petition is granted, and the proposed notice of claim is deemed served.

Jessica Tapia, the petitioner's infant daughter (hereinafter the infant claimant) was born at Elmhurst Hospital Center, a New York City Health and Hospitals Corporation (hereinafter HHC) facility, on October 3, 1995. On November 8, 2004 the petitioner commenced this proceeding for leave to serve a...

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