BROWN v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

12179, 18174/07

116 A.D.3d 514 (2014)

984 N.Y.S.2d 30

2014 NY Slip Op 2521

ETHAN EBANKS BROWN, Appellant, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION (NORTH CENTRAL BRONX HOSPITAL), Respondent.

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

Decided April 10, 2014.


Supreme Court providently exercised its discretion in denying plaintiff's cross motion and dismissing the complaint. The mother's professed ignorance of the law is not a reasonable excuse for the delay in seeking leave to file a late notice of claim (see Basualdo v Guzman, 110 A.D.3d 610, 610 [1st Dept 2013]). Moreover, "plaintiff's infancy carries little weight," because there is no connection between his infancy and the untimely...

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