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MATTER OF ALI v. NEW YORK CITY HEALTH & HOSPITALS CORP.

61 A.D.3d 860 (2009)

877 N.Y.S.2d 221

In the Matter of HUMZA ALI, Respondent, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION, Appellant.

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

Decided April 21, 2009.

Ordered that the order is reversed, on the law, with costs, and the petition is denied.

The Supreme Court improvidently exercised its discretion in granting the petition for leave to serve a late notice of claim for the alleged medical malpractice. The balancing of factors under General Municipal Law § 50-e (5) predominates against permitting service of a late notice of claim in this case. The mere fact that the New...

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