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WALLY G. v. NYC HEALTH

No. 95.

27 N.Y.3d 672 (2016)

WALLY G., an Infant, by His Mother and Natural Guardian, YOSELIN T., Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (METROPOLITAN HOSPITAL), Respondent.

Court of Appeals of New York.

Decided June 9, 2016.

Attorney(s) appearing for the Case

The Fitzgerald Law Firm, P.C., Yonkers (John M. Daly, John J. Leen, Mitchell L. Gittin and Christopher J. Lennon of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York City (Marta Ross, Richard Dearing, Cecelia Chang, Scott Shorr and Michael Gudzy of counsel), for respondent.

John A. Mancini, New York State Conference of Mayors and Municipal Officials, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Chief Judge DIFIORE and Judges STEIN and GARCIA concur; Judge ABDUS-SALAAM dissents in an opinion in which Judges RIVERA and FAHEY concur.

OPINION OF THE COURT

The issue on this appeal is whether the Appellate Division abused its discretion in affirming Supreme Court's denial of plaintiff's motion for leave to serve a late notice of claim on defendant New York City Health and Hospitals Corp. (HHC). We hold that it did not.

General Municipal Law § 50...

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