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OLIVER v. STATE OF NEW YORK (SUNY) HEALTH SCIENCE CENTER AT BROOKLYN

40 A.D.3d 719 (2007)

833 N.Y.S.2d 905

YVONNE OLIVER et al., Appellants, v. STATE OF NEW YORK (SUNY) HEALTH SCIENCE CENTER AT BROOKLYN, Also Known as DOWNSTATE MEDICAL CENTER, Respondent.

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

Decided May 8, 2007.

Ordered that the order is reversed, on the law and the facts, with costs, and the motion to dismiss the claim for failure to comply with Court of Claims Act § 11 (b) is denied.

The Court of Appeals has recently stated that a claim against the State "may always be amended at a later time, if necessary" (Kolnacki v State of New York, 8 N.Y.3d 277, 281 [2007]). Under the particular facts of this case, where the state hospital...

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