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, holding that the lower courts did not abuse their discretion in denying the infant plaintiff’s motion for leave to serve a late notice of claim because the hospital records did not evince actual knowledge of injury. Judge Abdus‑Salaam dissented, arguing that the records did provide such knowledge.