Opinion
February 3, 1989
Appeal from the Supreme Court, Lewis County, Lynch, J.
Present — Callahan, J.P., Doerr, Pine, Balio and Davis, JJ.
Order insofar as appealed from unanimously reversed on the law without costs and claimants' motion granted. Memorandum: The court improvidently exercised its discretion in denying claimants' application to extend the time to serve a notice of claim on their own behalf pursuant to General Municipal Law § 50-e (5). The hospital had actual notice of the facts constituting the claim by virtue of its possession of medical records pertaining to Mrs. Strobel's care and treatment at the hospital (see, Kavanaugh v Memorial Hosp. Nursing Home, 126 A.D.2d 930, 931). The operative facts of the treatment rendered by the hospital form the basis of its alleged negligence and would be contained in its own record (see, Rechenberger v Nassau County Med. Center, 112 A.D.2d 150, 152). The hospital has not shown any prejudice as a result of the delay and, given its actual notice, it is unlikely that any prejudice could be established (see, Matter of Beary v City of Rye, 44 N.Y.2d 398, 412-413; Kavanaugh v Memorial Hosp. Nursing Home, supra, at 931-932; Rechenberger v Nassau County Med. Center, supra). In our view, the reasons given by claimants for the delay in filing the notice of claim are sufficient on this record.