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

2020-04928. Index No. 521729/19.

199 A.D.3d 1005 (2021)

154 N.Y.S.3d 830

2021 NY Slip Op 06617

In the Matter of Danielle Lesaine, Respondent, v. New York City Health and Hospitals Corporation, Appellant.

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

Decided November 24, 2021.

Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York, NY ( Jeremy W. Shweder and D. Alan Rosinus, Jr. , of counsel), for appellant.

Mitchell D. Kessler , New York, NY, for respondent.

Mastro, J.P., Brathwaite Nelson, Genovesi and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the petition which was for leave to amend the notice of claim nunc pro tunc is denied.

On or about September 25, 2018, the petitioner, Danielle Lesaine, as the prospective administrator of the estate of Debra Chavis (hereinafter the decedent), served a notice of claim upon the New York City Health and Hospitals Corporation...

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