YOUNG v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

6349N, 6350N, 6350NA, 24749/05

90 A.D.3d 517 (2011)

934 N.Y.S.2d 310

2011 NY Slip Op 9020

SHAMARIE YOUNG et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant, et al., Defendant.

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

Decided December 15, 2011.


The motion court providently exercised its discretion in granting the motion (General Municipal Law § 50-e [5]). Defendant's possession of medical records, including a sonogram stating that the infant plaintiff's mother had severely low amniotic fluid and that intrauterine growth restriction to the fetal plaintiff should be ruled out, established actual notice of the essential facts constituting the claim within the statutory 90-day period (see Greene v New York City...

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