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LISANDRO v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

50 A.D.3d 304 (2008)

855 N.Y.S.2d 74

KEILA LISANDRO, an Infant, by Her Mother and Natural Guardian, LEILA LISANDRO, et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (METROPOLITAN HOSPITAL CENTER) et al., Appellants.

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

Decided April 3, 2008.

The court exercised its discretion in a provident manner in allowing the infant plaintiff to file a late notice of claim (General Municipal Law § 50-e [5]). The lack of a causative nexus between the delay and plaintiff's infancy is not fatal by itself (see Williams v Nassau County Med. Ctr., 6 N.Y.3d 531, 538 [2006]). Here, the record establishes that defendant hospital's possession of the available medical records constituted...

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