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M.M. v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

9918, 27080/16E.

175 A.D.3d 1209 (2019)

109 N.Y.S.3d 292

2019 NY Slip Op 06860

M.M., an Infant, by His Parent and Natural Guardian, Tesser A., Appellant, v. New York City Health and Hospitals Corporation et al., Respondents.

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

September 26, 2019.

Attorney(s) appearing for the Case

Akin Law Group, PLLC, New York (Gulsah Senol of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for respondents.

Concur—Friedman, J.P., Renwick, Tom, Gesmer, Oing, JJ.

The motion court did not abuse its discretion in denying plaintiff leave to file a late notice of claim, because defendant's records alone, on their face, do not evince that its acts or omissions inflicted plaintiff's injuries (see Webb v New York City Health & Hosps. Corp., 50 A.D.3d 265 [1st Dept 2008]). Contrary to plaintiff's contention, there is nothing in the record that supports the assumption that he should have been...

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