CARTAGENA v. NYC HEALTH

5807.

93 A.D.3d 187 (2012)

938 N.Y.S.2d 77

2012 NY Slip Op 916

ZAQUIRA CARTAGENA, an Infant, by her Mother and Natural Guardian, WANDEROUS GILLIAM, Respondent, et al., Plaintiff, v. NEW YORK CITY HEALTH AND HOSPITALS CORP., Appellant.

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

Decided February 9, 2012.


Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Karen M. Griffin and Francis F. Caputo of counsel), for appellant.

Wolf & Fuhrman, LLP, Bronx ( Carole R. Moskowitz of counsel), for respondent.

TOM, J.P., ANDRIAS, ACOSTA and RENWICK, JJ., concur with CATTERSON, J.


OPINION OF THE COURT

CATTERSON, J.

In this appeal arising from an application to file a late notice of claim, we reiterate that in order for a defendant municipal hospital's medical record to provide actual notice of a claim, the essential facts underlying the claim, including that the plaintiff was injured, must be documented in the defendant's own medical record. Absent such documentation, the defendant in this case would be prejudiced by the nine-year...

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