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ARGUETA v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

2009-02173.

74 A.D.3d 713 (2010)

905 N.Y.S.2d 611

SOPHIE ARGUETA, an Infant, by her Mother and Natural Guardian, ISELA ARGUETA, Appellant, et al., Plaintiff, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION (CONEY ISLAND HOSPITAL), Respondent.

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

Decided June 1, 2010.

Ordered that the order is affirmed, with costs.

In exercising its discretion to grant leave to serve a late notice of claim, the court must consider various factors, including whether (1) the claimant is an infant, (2) the claimant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, (3) the public corporation acquired actual knowledge of the facts constituting the claim within 90 days of its accrual or a reasonable time thereafter,...

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