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MATTER OF GODOY v. NASSAU HEALTH CARE CORPORATION

49 A.D.3d 541 (2008)

855 N.Y.S.2d 168

In the Matter of SEBASTIAN GODOY, Respondent, v. NASSAU HEALTH CARE CORPORATION, Appellant.

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

Decided March 4, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in granting leave to serve a late notice of claim alleging medical malpractice based upon evidence that the appellant acquired actual knowledge of the essential facts constituting the medical malpractice that allegedly occurred on the date of the petitioner's birth. Where the alleged malpractice is apparent from an independent review of the...

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