CONTRERAS v. 357 DEAN STREET CORP.

2009-01064.

77 A.D.3d 604 (2010)

908 N.Y.S.2d 734

HERIBERTO CONTRERAS and Another, Infants, by Their Mother and Natural Guardian, CANDIDA CONTRERAS, Also Known as THEODORA CONTRERAS, Respondents, v. 357 DEAN STREET CORP., Defendant, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (WYCKOFF GARDENS HOUSES CHILD HEALTH CLINIC), Appellant.

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

Decided October 5, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with costs, those branches of the plaintiffs' motion which were to deem the late notice of claim on behalf of Anahy Contreras timely served nunc pro tunc, and for leave to serve a late notice of claim on behalf of Heriberto Contreras are denied, and the cross motion of the defendant New York City Health and Hospitals Corporation (Wyckoff Gardens Houses...

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