| Webb v New York City Health & Hosps. Corp. |
| 2008 NY Slip Op 02890 [50 AD3d 265] |
| April 1, 2008 |
| Appellate Division, First Department |
| Anthony Webb, an Infant, by His Mother and Natural Guardian,Earlene Bryant, Appellant, v New York City Health & Hospitals Corporation,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), forrespondent.
Order, Supreme Court, New York County (Karen S. Smith, J.), entered July 24, 2007, whichdenied petitioner's application for leave to file a late notice of claim, unanimously affirmed,without costs.
The court exercised its discretion in a provident manner in denying the application, where thedelay in seeking leave to file a late notice of claim is not reasonably explained by petitioner'sallegation that medical personnel at respondent hospital assured her that infant petitioner wouldoutgrow his health problems, and that the complications stemmed from his prematurity, wherepetitioner failed to file a notice of claim for over two years after seeking a new medical opinion.Although the lack of a reasonable excuse for the delay is not fatal by itself (see Harris v Cityof New York, 297 AD2d 473, 473-474 [2002], lv denied 99 NY2d 503 [2002]),petitioner has also failed to sufficiently demonstrate that respondent had actual notice of thepertinent facts underlying the claim within 90 days after the claim arose, or a reasonable timethereafter. The subject medical records alone, on their face, do not evince that respondent, by itsacts or omissions, inflicted injuries on infant petitioner (see Williams v Nassau County Med.Ctr., 6 [*2]NY3d 531, 537 [2006]; see also Matter of Nieves v New YorkHealth & Hosps. Corp., 34 AD3d 336 [2006]). Concur—Lippman, P.J., Tom,Williams and Acosta, JJ.