The court erroneously concluded that it was without discretion to deny leave to serve a late notice of claim to a plaintiff who allegedly suffered a neonatal injury at a facility owned by defendant Health and Hospitals Corporation, where a medical record existed memorializing the details of the delivery. General Municipal Law § 50-e (5) requires courts to exercise discretion in determining whether to grant or deny leave to file a late notice of claim. The statute "contains...
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