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UMEH v. NEW YORK CITY HEALTH & HOSPS. CORP.

Index No. 29886/20E. Appeal No. 15998. Case No. 2021-04038.

205 A.D.3d 599 (2022)

169 N.Y.S.3d 579

2022 NY Slip Op 03358

Micah Umeh, Appellant, v. New York City Health and Hospitals Corporation, Respondent, et al., Defendants.

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

Decided May 24, 2022.

Attorney(s) appearing for the Case

Law Offices of K.C. Okoli, P.C., New York ( K.C. Okoli of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Lorenzo Di Silvio of counsel), for respondent.

Concur—Renwick, J.P., Friedman, Gesmer, Mendez, Higgitt, JJ.

The court providently exercised its discretion in denying plaintiff's motion for leave to file a late notice of claim (see General Municipal Law § 50-e[5]). Even if the 90-day time-period for filing a timely notice of claim was tolled by the continuous treatment doctrine until, July 27, 2019, the date plaintiff received his final treatment at Montefiore Medical Center, plaintiff's time to timely file a notice of claim...

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