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MATTER OF STALEY v. PIPER

285 A.D.2d 601 (2001)

728 N.Y.S.2d 88

In the Matter of MARGARET STALEY, Individually and as Executor of DOUGLAS STALEY, Deceased, and as Parent and Natural Guardian of TIMOTHY STALEY and Another, Infants, Appellant, v. JAMES PIPER et al., Respondents.

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

Decided July 23, 2001.

Ordered that the order is modified, on the facts and as a matter of discretion, by (1) deleting the provision thereof denying that branch of the application which was for leave to serve a late notice of claim with respect to the allegations of negligence and medical malpractice arising from the act of leaving a foreign object within the decedent, and substituting therefor a provision granting that branch of the application, and the proposed notice of claim is deemed served...

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