CIFUENTES v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION


43 A.D.3d 385 (2007)

840 N.Y.S.2d 433

WASHINGTON CIFUENTES et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Appellants, et al., Defendant.

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

Decided August 7, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants acknowledge that the deceased plaintiff timely commenced the instant action and moved for leave to serve a late notice of claim. Upon his death on October 15, 2003, while this action and his motion were pending, all proceedings on the motion were stayed pending the substitution of a legal representative. Accordingly, an order dated December 24, 2003, denying the motion with leave...

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