Yearwood v. New York City Health Hospitals

Full title: IVY YEARWOOD, Respondent, v. NEW YORK CITY HEALTH HOSPITALS CORPORATION…

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

Date published: Mar 16, 1992

181 A.D.2d 769 (N.Y. App. Div. 1992)

581 N.Y.S.2d 249

Opinion

March 16, 1992

Appeal from the Supreme Court, Kings County (Levine, J.).

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff offered an acceptable explanation for her failure to timely serve the complaint demanded by the defendant and submitted an adequate affidavit of merit. Thus, it was not an improvident exercise of discretion to grant the plaintiff's motion (see, CPLR 3012 [d]; 2005), particularly since there was no prejudice to the defendant. Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.