Figueroa v New York City Health & Hosps. Corp. (Jacobi Med.
2008 NY Slip Op 02694 [49 AD3d 454]
March 25, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008
Figueroa v New York City Health & Hosps. Corp. (Jacobi Med. Ctr.)
Juaquin Figueroa, Respondent,
New York City Health and Hospitals Corporation (Jacobi Medical Center), Appellant.
—[*1] Michael A. Cardozo, Corporation Counsel, New York City(Janet L. Zaleon of counsel), for appellant.
Fitzgerald & Fitzgerald, P.C., Yonkers (John M. Daly of counsel), for respondent.
Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered May 24, 2007, which, to the extent appealed from as limited by the briefs, adhered upon renewal to an earlier order granting plaintiff's motion to deem his notice of claim in 2000 timely served, nunc pro tunc, unanimously affirmed, without costs. Appeal from earlier order, same court and Justice, entered November 7, 2005, unanimously dismissed, without costs, as superseded by the appeal from the later order.
Defendant's possession of plaintiff's medical records since the time of the alleged malpractice at birth in 1995 gave it actual notice of the alleged cause of the infant's cerebral palsy from the inception. Given this knowledge of the essential facts and resultant lack of substantial prejudice, the delay in moving to file a notice of claim nunc pro tunc is not fatal (see Talavera ex rel. Rios v New York City Health & Hosps. Corp., 48 AD3d 276 ; Caminero v New York City Health & Hosps. Corp. [Bronx Mun. Hosp. Ctr.], 21 AD3d 330 ). Concur—Tom, J.P., Andrias, Nardelli and Sweeny, JJ.