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MATTER OF MIRANDA v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

4523N, 350194/09, 4523NA.

82 A.D.3d 536 (2011)

918 N.Y.S.2d 711

In the Matter of BERNICE MIRANDA, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant.

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

Decided March 15, 2011.

The evidence establishes that respondent's possession of medical records provided it with actual notice of the pertinent facts underlying petitioner's claim and that respondent would not be substantially prejudiced by petitioner's delay in serving the notice of claim (see De La Cruz v New York City Health & Hosps. Corp., 13 A.D.3d 130 [2004]; Matter of McMillan v City of New York, 279 A.D.2d...

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