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MATTER OF HEREDIA v. NEW YORK CITY HEALTH & HOSPS. CORP.

6166N 21857/14.

159 A.D.3d 663 (2018)

70 N.Y.S.3d 832

2018 NY Slip Op 02279

In the Matter of ROSA GERTRUDIS DIAZ HEREDIA, Respondent, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION, Appellant.

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

Decided March 29, 2018.

The court providently exercised its discretion in granting the application for leave to file a late notice of claim (General Municipal Law § 50-e [5]). Petitioner, who is now claimant's guardian ad litem, set forth a reasonable excuse for the failure to serve a timely notice of claim, since claimant was in a coma and, when she awoke, had severe brain injury stemming from the alleged malpractice provided at respondent HHC's...

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