In support of her petition for leave to file a late notice of claim, petitioner failed to show that respondent had actual knowledge of the facts constituting her medical malpractice claim within 90 days after the claim arose or a reasonable time thereafter (see General Municipal Law § 50-e[5]). The medical records in respondent's possession do not show that the medical staff, by act or omission, caused petitioner an injury (see
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MATTER OF VIJEU v. NEW YORK CITY HEALTH & HOSPS. CORP.
Index No. 33026/19E. Appeal No. 15197. Case Nos. 2021-00513, 2021-01337.
202 A.D.3d 425 (2022)
158 N.Y.S.3d 569
2022 NY Slip Op 00644
In the Matter of Gina Vijeu, Appellant, v. New York City Health & Hospitals Corporation, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 1, 2022.
Decided February 1, 2022.
Attorney(s) appearing for the Case
Reingold & Tucker, Brooklyn (Jordan W. Tucker of counsel), for appellant.
Georgia M. Pestana, Corporation Counsel, New York (Eva L. Jerome of counsel), for respondent.
Concur—Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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