BASUALDO v. GUZMAN

10887, 17232/05

110 A.D.3d 610 (2013)

973 N.Y.S.2d 621

2013 NY Slip Op 6979

CECILIA BASUALDO, an Infant, by Her Mother and Natural Guardian, ALEJANDRA ESPINDOLA, et al., Appellants, v. EDUVIGIS M. GUZMAN et al., Defendants, and NEW YORK CITY HEALTH AND HOSPITALS CORP. (LINCOLN HOSPITAL), Respondent.

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

Decided October 29, 2013.


Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered January 11, 2012, which denied plaintiffs' motion to deem their previously served notice of claim timely, nunc pro tunc, and granted the cross motion of defendant New York City Health and Hospitals (HHC) for dismissal of the complaint, unanimously affirmed, without costs.

In this medical malpractice action in which the infant plaintiff seeks to recover for injuries allegedly caused by HHC's failure...

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