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PEARSON v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

10 N.Y.3d 852 (2008)

889 N.E.2d 493

859 N.Y.S.2d 614

SHANICE PEARSON, an Infant by Her Mother and Natural Guardian, MICHELLE PEARSON, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (HARLEM HOSPITAL CENTER) et al., Appellants.

Court of Appeals of the State of New York.

Decided May 6, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Drake A. Colley of counsel), for New York City Health and Hospitals Corporation, appellant.

Leahey & Johnson, P.C., New York City (Peter James Johnson, Jr., of counsel), for Neville Morgan and another, appellants.

Law Offices of Fitzgerald & Fitzgerald, P.C., Yonkers (John M. Daly of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

On these facts, the courts below acted within their discretion in granting plaintiff's motion for permission to serve a late notice of claim (see General Municipal Law § 50-e; Williams v Nassau County Med. Ctr., 6 N.Y.3d 531, 538 [2006])...

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