In support of her petition for leave to file a late notice of claim, petitioner failed to show that respondent had actual knowledge of the facts constituting her medical malpractice claim within 90 days after the claim arose or a reasonable time thereafter (see General Municipal Law § 50-e[5]). The medical records in respondent's possession do not show that the medical staff, by act or omission, caused petitioner an injury (see
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MATTER OF VIJEU v. NEW YORK CITY HEALTH & HOSPS. CORP.
Index No. 33026/19E. Appeal No. 15197. Case Nos. 2021-00513, 2021-01337.
202 A.D.3d 425 (2022)
158 N.Y.S.3d 569
2022 NY Slip Op 00644
In the Matter of Gina Vijeu, Appellant, v. New York City Health & Hospitals Corporation, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 1, 2022.
Decided February 1, 2022.
Attorney(s) appearing for the Case
Reingold & Tucker, Brooklyn ( Jordan W. Tucker of counsel), for appellant.
Georgia M. Pestana , Corporation Counsel, New York ( Eva L. Jerome of counsel), for respondent.
Concur—Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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