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FIGUEROA v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

49 A.D.3d 454 (2008)

854 N.Y.S.2d 69

JUAQUIN FIGUEROA, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (JACOBI MEDICAL CENTER), Appellant.

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

Decided March 25, 2008.

Defendant's possession of plaintiff's medical records since the time of the alleged malpractice at birth in 1995 gave it actual notice of the alleged cause of the infant's cerebral palsy from the inception. Given this knowledge of the essential facts and resultant lack of substantial prejudice, the delay in moving to file a notice of claim nunc pro tunc is not fatal (see Talavera ex rel. Rios v New York City Health & Hosps. Corp., 48 A.D.3d 276...

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