Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the plaintiff's motion pursuant to General Municipal Law § 50-e (5) to deem the late notice of claim timely served nunc pro tunc is granted, and the defendant's cross motion to dismiss the complaint on the ground that the plaintiff failed to serve a timely notice of claim is denied.
In July 2009, the plaintiff gave birth to a daughter at the defendant hospital. At...
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