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TALAVERA v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

48 A.D.3d 276 (2008)

851 N.Y.S.2d 189

ANGEL TALAVERA, an Infant, by His Mother and Natural Guardian, JEANETTE RIOS, Respondent, et al., Plaintiff, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Doing Business as LINCOLN MEDICAL AND MENTAL HEALTH CENTER, Appellant.

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

Decided February 14, 2008.

The record evidence demonstrates that defendant's possession of the medical records constituted actual notice of the pertinent facts and that defendant would not be substantially prejudiced by plaintiffs' delay in serving the notice of claim (see Bayo v Burnside Mews Assoc., 45 A.D.3d 495 [2007]; De La Cruz v New York City Health & Hosps. Corp., 13 A.D...

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