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PEARSON v. NYC HEALTH & HOSPS

43 A.D.3d 92 (2007)

840 N.Y.S.2d 25

SHANICE PEARSON, an Infant, by Her Mother and Natural Guardian, MICHELLE PEARSON, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (HARLEM HOSPITAL CENTER) et al., Appellants.

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

June 5, 2007.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Drake A. Colley and Edward F.X. Hart of counsel), for municipal appellant.

Leahey & Johnson, P.C., New York City (Peter James Johnson, Jr., Peter James Johnson, James P. Tenney and Joanne Filiberti of counsel), for Morgan appellants.

Fitzgerald & Fitzgerald, P.C., Yonkers (John M. Daly, John E. Fitzgerald, Eugene S.R. Pagano and Deborah Pearl Henkin of counsel), for respondent.

MAZZARELLI, J.P., and MALONE, J., concur with ANDRIAS, J.; FRIEDMAN and McGUIRE, JJ., dissent in part in a separate opinion by McGUIRE, J.

OPINION OF THE COURT

ANDRIAS, J.

Plaintiff's failure to offer an excuse for her six-month delay in serving a notice of claim on behalf of her infant daughter, who was born on December 2, 2000 and received well baby care at Harlem Hospital until August 7, 2003, should not, by itself, deprive the infant of her day in court (see Matter of Ansong v City of New York, 308 A.D.2d 333...

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