Shoy v. St. Lukes Roosevelt Hospital Center

Full title: SHERIFA SHOY, an Infant, by Her Mother and Natural Guardian, ROBERTA…

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

Date published: Jan 4, 1994

200 A.D.2d 366 (N.Y. App. Div. 1994)

608 N.Y.S.2d 68

Opinion

January 4, 1994

Appeal from the Supreme Court, Bronx County (Howard Silver, J.).

The IAS Court did not abuse its discretion in denying the infant plaintiff leave to serve a late notice of claim (see, Cohen v. Pearl Riv. Union Free School Dist., 51 N.Y.2d 256, 265-266), the record being clear that plaintiffs' attorney was well aware that the clinic in which Dr. Wilson worked was associated with Harlem Hospital and therefore part of the Health and Hospitals Corporation, and otherwise bereft of a reasonable excuse for the nearly three-year delay in seeking such leave.

Concur — Carro, J.P., Wallach, Asch and Nardelli, JJ.