MATTER OF J.H. v. NEW YORK CITY HEALTH & HOSPS. CORP.

10714, 805168/16.

179 A.D.3d 452 (2020)

113 N.Y.S.3d 542

2020 NY Slip Op 00091

In the Matter of J.H., an Infant, by His Mother and Natural Guardian, Raniqua B., Appellant, v. New York City Health and Hospitals Corporation, Respondent.

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

Decided January 7, 2020.


The motion court providently exercised its discretion in denying petitioner's motion for leave to serve a late notice of claim. The infant plaintiff and his mother received pre- and post-natal care at Harlem Hospital Center (HHC), an institution operated by respondent. The record establishes that the subject medical malpractice claim accrued by April 11, 2013, when the infant was discharged from the hospital after birth (see Wally G. v New York City Health & Hosps...

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