In this medical malpractice action, the motion court properly exercised its discretion in denying the infant 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 she saw counsel's advertisement more than 4 ½ years after the infant plaintiff's birth and more than 3 ½ years after she became aware of his injuries...
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