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BOWSER v. NEW YORK HEALTH AND HOSPITALS CORPORATION

7225N, 23137/04.

93 A.D.3d 608 (2012)

942 N.Y.S.2d 44

2012 NY Slip Op 2397

ELIJAH BOWSER, an Infant by his Mother and Natural Guardian, LATONIA ALMEYDA, Respondent, v. NEW YORK HEALTH AND HOSPITALS CORPORATION, Doing Business as JACOBI MEDICAL CENTER, Appellant, et al., Defendants.

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

Decided March 29, 2012.

The court providently exercised its discretion in deeming the notice of claim timely (General Municipal Law § 50-e [5]). Although ignorance of the law by infant plaintiff's mother is not a reasonable excuse for the failure to have served a timely notice of claim (see Rodriguez v New York City Health & Hosps. Corp. [Jacobi Med. Ctr.], 78 A.D.3d 538 [2010], lv denied 17 N.Y.3d 718

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