Opinion
February 10, 1992
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the order is affirmed, with costs.
"`The rationale for requiring one who sues a public corporation to file a notice of claim within 90 days, is far less cogent and realistic in a medical malpractice case than in one for traditional negligence'" (Di Notte v. County of Westchester, 115 A.D.2d 585, 586, quoting Dickey v. County of Nassau, 65 A.D.2d 780, 781). Inasmuch as the defendants in this case had actual knowledge of the essential facts constituting the subject claim by virtue of their exclusive possession of the pertinent medical records, they were not in any way prejudiced by the plaintiff's delay in serving a notice of claim (Di Notte v. County of Westchester, 115 A.D.2d 585, supra). Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.