Matter of Moore v. N.Y.C. Health Hos. Corp.

Full title: In the Matter of ZACHARY MOORE, an Infant, by His Mother and Natural…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 2, 1998

248 A.D.2d 387 (N.Y. App. Div. 1998)

669 N.Y.S.2d 857

Opinion

March 2, 1998

Appeal from the Supreme Court, Kings County (Spodek, J.).

Ordered that the appeal from the so-ordered stipulation is dismissed, as no appeal lies therefrom (see, CPLR 5701); and it is further,

Ordered that the order dated December 2, 1996, is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

By order to show cause dated September 25, 1996, the petitioner, an infant, commenced this proceeding for leave to serve a late notice of claim. The petitioner alleges that he suffered severe and permanent injuries arising from negligent medical care by the appellants during his birth in May 1991.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in applying the infancy toll of CPLR 208 and in granting the petitioner leave to serve a late notice of claim (see, Matter of Brown v. New York City Hous. Auth., 194 A.D.2d 667; Matter of Tomlinson v. New York City Health Hosps. Corp., 190 A.D.2d 806; Matter of Kurz v. New York City Health Hosps. Corp., 174 A.D.2d 671).

Rosenblatt, J. P., O'Brien, Ritter and Goldstein, JJ., concur.