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A.A. v. NEW YORK CITY HEALTH AND HOSPS. CORP.

Index No. 350565/08. Appeal No. 12538N. Case No. 2018-4334.

189 A.D.3d 426 (2020)

137 N.Y.S.3d 309

2020 NY Slip Op 07266

A.A., an Infant, by His Mother and Natural Guardian, Rosemary C., Appellant, v. New York City Health and Hospitals Corporation (Jacobi Hospital Center), Respondent.

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

The Fitzgerald Law Firm, P.C., Yonkers ( John M. Daly of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Susan Paulson of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Singh, Scarpulla, JJ.

Supreme Court providently exercised its discretion in granting defendant's timely motion to renew, and upon renewal, granting its motion and dismissing the complaint, because Argudo v New York City Health & Hosps. Corp. (81 A.D.3d 575, 576-577 [2d Dept 2011]) reflects a change in the law that warranted reexamination of its arguments as to whether the court had the authority to again grant plaintiff leave to serve a late notice...

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