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MATTER OF ATKINSON v. NEW YORK CITY HEALTH & HOSPS. CORP.

11707N. 29358/18E.

184 A.D.3d 528 (2020)

125 N.Y.S.3d 418

2020 NY Slip Op 03609

In the Matter of Claudette Atkinson, Respondent, v. New York City Health & Hospitals Corp. et al., Appellants.

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

Decided June 25, 2020.

Petitioner seeks leave to serve a late notice of claim alleging that respondents New York City Health & Hospitals Corp. and Alina Purcea, M.D. (together, HHC) failed to provide her with timely referrals for diagnostic testing at her appointment on December 22, 2017, resulting in delay of diagnosis of her breast cancer until March 2018. Petitioner retained counsel in July 2018, and counsel commenced this proceeding in August 2018.

Petitioner failed to show that...

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