Ordered that the order is affirmed insofar as appealed from, with costs.
The infant petitioner allegedly sustained severe brain damage during her delivery on August 10, 2001 at the hospital of the appellant Nassau University Medical Center. The petitioners did not serve a notice of claim until July 14, 2003 and they waited until February 2005 before seeking an order, inter alia, for leave to serve a late notice of claim.
In determining whether to grant an...
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