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WALLY G. v. NEW YORK CITY HEALTH AND HOSPS. CORP.

11869A 110543/08

120 A.D.3d 1082 (2014)

992 N.Y.S.2d 232

2014 NY Slip Op 06241

WALLY G., an Infant, by His Mother and Natural Guardian, YOSELIN T., Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (METROPOLITAN HOSPITAL), Respondent.

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

Decided September 18, 2014.

In this action for medical malpractice, in which the infant plaintiff seeks to recover for injuries he suffered after being born at 27 weeks' gestation, the motion court considered the pertinent statutory factors and properly exercised its discretion in denying plaintiff's motion (General Municipal Law § 50-e [5]). The infant plaintiff's mother's excuses that she was unfamiliar with the requirement that she file a notice...

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