Opinion
2002-10592
Submitted September 26, 2003.
October 27, 2003.
In an action, inter alia, to recover damages for medical malpractice, the defendant Westchester County Health Care Corporation appeals from an order of the Supreme Court, Westchester County (LaCava, J.), entered October 28, 2002, which granted the plaintiff's motion for leave to serve a late notice of claim.
Wilson, Bave, Conboy, Cozza Couzens, P.C., White Plains, N.Y. (Joel A. Hirshfield of counsel), for appellant.
Davidson Cohen, P.C., Rockville Centre, N.Y. (Ira Cooper of counsel), for respondent.
Before: NANCY E. SMITH, J.P., STEPHEN G. CRANE, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court properly granted the plaintiff's motion for leave to serve a late notice of claim upon Westchester County Health Care Corporation (hereinafter WCHCC). WCHCC possessed the plaintiff's decedent's medical records at the time of the alleged malpractice, and thus had actual notice of the claim and its underlying facts ( see Medley v. Cichon, 305 A.D.2d 643, 644; Matter of Staley v. Piper, 285 A.D.2d 601, 603; Owens v. New York City Health Hosps. Corp., 271 A.D.2d 514, 515; Matter of Robinson v. Westchester County Med. Ctr., 270 A.D.2d 275; Matter of Makris v. Westchester County, 208 A.D.2d 843; Matter of Tomlinson v. New York City Health Hosps. Corp., 190 A.D.2d 806, 807; Matter of Kurz v. New York City Health Hosps. Corp., 174 A.D.2d 671, 673; Matter of Quiroz v. City of New York, 154 A.D.2d 315, 316). WCHCC is not unduly prejudiced by the delay ( see Owens v. New York City Health Hosps. Corp., supra; Matter of Robinson v. Westchester County Med. Ctr., supra; Matter of Tomlinson v. New York City Health Hosps. Corp., supra).
SMITH, J.P., CRANE, MASTRO and RIVERA, JJ., concur.