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TORRES v. NEW YORK CITY HEALTH & HOSPS. CORP. (LINCOLN HOSP.)

8766, 16105/07.

101 A.D.3d 463 (2012)

957 N.Y.S.2d 13

2012 NY Slip Op 8451

OSCAR TORRES, an Infant, by His Mother and Natural Guardian, CLAUDIA AGUIRRE, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (LINCOLN HOSPITAL), Respondent.

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

December 11, 2012.

In this action for medical malpractice, the infant plaintiff seeks to recover for injuries he suffered after being born extremely premature, at 25 weeks' gestation, weighing only one pound, nine ounces. The motion court properly exercised its discretion in denying plaintiff's motion upon consideration of the pertinent statutory factors (General Municipal Law § 50-e [5]). The infant plaintiff's mother's excuse that she was unaware that she had a malpractice claim until...

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