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WEBB v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

50 A.D.3d 265 (2008)

855 N.Y.S.2d 65

ANTHONY WEBB, an Infant, by His Mother and Natural Guardian, EARLENE BRYANT, Appellant, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION, Respondent.

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

Decided April 1, 2008.

The court exercised its discretion in a provident manner in denying the application, where the delay in seeking leave to file a late notice of claim is not reasonably explained by petitioner's allegation that medical personnel at respondent hospital assured her that infant petitioner would outgrow his health problems, and that the complications stemmed from his prematurity, where petitioner failed to file a notice of claim for over two years after seeking a new medical opinion...

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