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GOLDENBERG v. WESTCHESTER

No. 50

16 N.Y.3d 323 (2011)

ARTHUR GOLDENBERG, Appellant, v. WESTCHESTER COUNTY HEALTH CARE CORPORATION, Also Known as WESTCHESTER COUNTY MEDICAL CENTER, et al., Respondents.

Court of Appeals of New York.

Decided March 24, 2011.

Attorney(s) appearing for the Case

La Sorsa & Beneventano, White Plains ( Gregory M. La Sorsa of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains ( Richard E. Lerner and Faisal A. Kahn of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

On May 25, 2007, plaintiff Arthur Goldenberg commenced a special proceeding to file a late notice of claim for medical malpractice against defendant Westchester County Health Care Corporation (WCHCC). Goldenberg attached a copy of a proposed complaint to the petition as an exhibit. On September 25, 2007, Supreme Court granted the petition and directed Goldenberg to serve a notice of claim within 20 days.

On October 9...

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