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Matter of Fallon v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1992
184 A.D.2d 510 (N.Y. App. Div. 1992)

Opinion

June 1, 1992

Appeal from the Supreme Court, Westchester County (Burrows, J.).


Ordered that the judgment is reversed, as a matter of discretion, with costs, and the application for leave to serve a late notice of claim is denied.

The record reveals that the delay in seeking leave to serve a late notice of claim was not the product of the petitioner's infancy, but rather was attributable to a delay on the part of her counsel. That delay was not adequately explained (see, Matter of Sampson v. Cazzari, 142 A.D.2d 681). Moreover, there is nothing in the record to establish a nexus between the petitioner's condition and the alleged malpractice on the part of the Westchester County Medical Center. Thus, the medical records alone did not give the County notice of the facts underlying the claim. Accordingly, the Supreme Court improvidently exercised its discretion in granting the infant petitioner leave to serve a late notice of claim. Balletta, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.


Summaries of

Matter of Fallon v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1992
184 A.D.2d 510 (N.Y. App. Div. 1992)
Case details for

Matter of Fallon v. County of Westchester

Case Details

Full title:In the Matter of AMANDA FALLON, an Infant, by Her Mother and Natural…

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

Date published: Jun 1, 1992

Citations

184 A.D.2d 510 (N.Y. App. Div. 1992)
584 N.Y.S.2d 322

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