Wally G., an Infant, by His Mother and Natural Guardian, Yoselin T., Appellant v. New York City Health and…

Summary

The New York Court of Appeals affirmed the Appellate Division's denial of the plaintiff's motion for leave to serve a late notice of claim, holding that the lower courts did not abuse their discretion because the hospital records did not evince actual knowledge of injury. Justice Abdus‑Salaam dissented, arguing that the records did provide actual knowledge and that the discretion was abused.