Plaza v. N.Y. Health
| Decision Date | 26 June 2013 |
| Parties | Mia PLAZA, an Infant by Her Mother and Natural Guardian, Claribel Rodriguez, Appellant, v. NEW YORK HEALTH AND HOSPITALS CORPORATION (Jacobi Medical Center), Respondent. |
| Court | New York Court of Appeals Court of Appeals |
21 N.Y.3d 983
993 N.E.2d 409
970 N.Y.S.2d 923
2013 N.Y. Slip Op. 04759
Mia PLAZA, an Infant by Her Mother and Natural Guardian, Claribel Rodriguez, Appellant,
v.
NEW YORK HEALTH AND HOSPITALS CORPORATION (Jacobi Medical Center), Respondent.
Court of Appeals of New York.
June 26, 2013.
Law Offices of Fitzgerald & Fitzgerald, P.C., Yonkers (John M. Daly of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York City (Janet L. Zaleon of counsel), for respondent.
MEMORANDUM:
[21 N.Y.3d 984]The order of the Appellate Division should be affirmed, with costs. The certified question should not be answered on the ground that it is unnecessary.
Plaintiff admittedly served a late notice of claim against defendant without seeking leave of court.
General Municipal Law § 50–e (1) requires that a claimant serve a notice of claim against a public corporation within 90 days after a tort claim arises. However, section 50–e (5) provides that a court, “in its discretion,” may grant an application extending the time to serve a notice of claim as long as the application is made within the limitations period for commencing the action, including any tolls or extensions. CPLR 208 provides that “[i]f a person entitled to commence an action is under a disability because of infancy ... at the time the cause of action accrues, and ... the time otherwise limited [for commencing the action] is less than three years, the time shall be extended by the period of disability.” Where a medical malpractice action accrues during infancy, the extension is limited to 10 years from the time of accrual ( seeCPLR 208).
Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified...
To continue reading
Request your trial
-
Williams v. Graf
...awareness of a recognized sign of mold. See Plaza v. New York Health & Hosps. Corp.,Page 6(Jacobi Med. Ctr.), 97 A.D.3d at 469, aff'd, 21 N.Y.3d 983; Branham v. Loews Orpheum Cinemas, Inc., 31 A.D.3d at 325, aff'd, 8 N.Y.3d 931. Regarding constructive notice, Graf testified at his depositio......
-
Babcock v. Walton Cent. Sch. Dist.
...559, 2 N.E.3d 928 [2013];Plaza v. New York Health & Hosps. Corp [Jacobi Med. Ctr.], 97 A.D.3d 466, 468, 949 N.Y.S.2d 25 [2012],affd.21 N.Y.3d 983, 970 N.Y.S.2d 923, 993 N.E.2d 409 [2013];Matter of Ambrico v. Lynbrook Union Free School Dist., 71 A.D.3d 762, 763, 896 N.Y.S.2d 169 [2010];see a......
-
Townson v. N.Y.C. Health & Hosps. Corp.
...delay (see e.g. Plaza v. New York Health & Hosps. Corp. [Jacobi Med. Ctr. ], 97 A.D.3d 466, 467, 949 N.Y.S.2d 25 [1st Dept. 2012], affd 21 N.Y.3d 983, 970 N.Y.S.2d 923, 993 N.E.2d 409 [2013] ). While "the presence or absence of any one factor is not determinative" ( Plaza, 97 N.Y.3d at 467,......
-
Jadusingh v. N.Y.C. Health & Hosps. Corp.
...A.D.3d 1150, 86 N.Y.S.3d 548 ; Plaza v. New York Health & Hosps. Corp. [Jacobi Med. Ctr.], 97 A.D.3d 466, 468–469, 949 N.Y.S.2d 25, affd 21 N.Y.3d 983, 970 N.Y.S.2d 923, 993 N.E.2d 409 ). Moreover, the petitioner failed to satisfy her initial burden of showing that HHC would not be substant......