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PIERRE-LOUIS v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

2511N, 20351/08

72 A.D.3d 463 (2010)

899 N.Y.S.2d 596

JAMAL FRANTZ PIERRE-LOUIS, Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant.

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

Decided April 6, 2010.

Petitioners failed to demonstrate that respondent had actual notice of the facts constituting the claim and would not be prejudiced by the delay (see Williams v Nassau County Med. Ctr., 6 N.Y.3d 531 [2006]). Respondent's mere possession of medical records does not demonstrate that it has actual knowledge of the essential facts constituting the claim, as the medical records, on their...

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