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BUCKNOR v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

44 A.D.3d 811 (2007)

844 N.Y.S.2d 100

KAHRON BUCKNOR et al., Respondents, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION (QUEENS HOSPITAL CENTER), Appellant.

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

Decided October 16, 2007.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, that branch of plaintiffs' motion which was for leave to serve a late notice of claim on behalf of the infant plaintiff is denied, and the defendant's cross motion to dismiss the complaint is granted.

The infant plaintiff (hereinafter the child) was born on June 12, 1995 at Queens Hospital Center (hereinafter...

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