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MATTER OF BENAVIDES v. NEW YORK CITY HEALTH AND HOSPS. CORP.

Index No. 801170/22. Appeal No. 750. Case No. 2022-03204.

220 A.D.3d 458 (2023)

197 N.Y.S.3d 493

2023 NY Slip Op 05092

In the Matter Jorge Benavides, Respondent, v. New York City Health and Hospitals Corporation, Appellant.

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

Decided October 10, 2023.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Amanda Abata of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, González, Kennedy, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered June 29, 2022, which granted petitioner's application for leave to file a late notice of claim, unanimously affirmed, without costs.

The court did not abuse its discretion when it granted petitioner leave to serve a late notice of claim on respondent, because petitioner adequately established the relevant factors.

The purpose of subdivision (5) of section 50-e of the General Municipal Law, as amended...

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