Opinion
March 13, 1990
Appeal from the Supreme Court, New York County (Francis N. Pecora, J.).
In support of his various motions to invoke the court's discretion to permit him to file a late notice of claim, the plaintiff failed to sufficiently allege a malpractice claim. Nor did he provide a reasonable excuse for his eight-month delay. Under these circumstances, the fact that the hospital may have had knowledge of the circumstances surrounding his treatment, in the form of records in its possession, as in Matter of Quiroz v City of New York ( 154 A.D.2d 315), cannot excuse the failure to file. Here, there was no affidavit from the plaintiff or a doctor, but only a superficial affidavit from counsel in support of the motion. Such moving papers are totally unsatisfactory (Rodriguez v City of New York, 86 A.D.2d 533, appeal dismissed 58 N.Y.2d 899; see also, Bullard v City of New York, 118 A.D.2d 447 [Kassal, J., concurring]).
Concur — Sullivan, J.P., Milonas, Rosenberger and Smith, JJ.