W.Z. v. NEW YORK CITY HEALTH & HOSPS. CORP.

2018-11125. Index No. 504382/12.

185 A.D.3d 759 (2020)

127 N.Y.S.3d 125

2020 NY Slip Op 03820

W.Z., Appellant, v. New York City Health and Hospitals Corporation, Respondent.

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

Decided July 8, 2020.


Ordered that the order is affirmed, with costs.

On July 24, 2007, the infant plaintiff allegedly sustained brain injuries as the result of medical malpractice on the part of the medical staff at a hospital operated by the defendant when he was born prematurely via an emergency cesarean section. On February 23, 2012, a notice of claim was served, without leave of court, and this action was commenced on December 21, 2012. By notice of motion dated January 24, 2017,...

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