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NOSSOGONA C. v. NEW YORK CITY HEALTH & HOSPS. CORP.

Index No. 805006/19. Appeal No. 17231. Case No. 2021-03819.

213 A.D.3d 407 (2023)

183 N.Y.S.3d 374

2023 NY Slip Op 00484

Nossogona C., as Mother and Natural Guardian of M.P.C., an Infant, Appellant, v. New York City Health and Hospitals Corporation et al., Respondents.

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

Decided February 2, 2023.

Attorney(s) appearing for the Case

Lisa M. Comeau, Garden City, for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondents.

Concur—Kapnick, J.P., Friedman, Gesmer, Moulton, Mendez, JJ.

Order, Supreme Court, New York County (George J. Silver, J.), entered March 22, 2021, which denied plaintiff's motion for leave to serve a late notice of claim and granted defendants' cross motion to dismiss the complaint, unanimously affirmed, without costs.

The court providently exercised its discretion in denying plaintiff leave to serve a late notice of claim (General Municipal Law § 50-e[5]). Plaintiff failed to show that defendants had actual notice of...

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