MATTER OF TOWNSON v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

4587N. 805103/16.

158 A.D.3d 401 (2018)

70 N.Y.S.3d 200

2018 NY Slip Op 00607

In the Matter of JOHN TOWNSON, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant.

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

Decided February 1, 2018.


The issue on this appeal is whether Supreme Court properly exercised its discretion in granting petitioner's application for leave to serve on respondent New York City Health and Hospitals Corporation a notice of claim after the statutory 90 days had expired. We hold that it did.

On December 12, 2014, petitioner John Townson (Townson), an electrician, was treated at Bellevue Hospital's (Bellevue) emergency room for a deep laceration to his right thumb. Townson had...

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