Results & Settlements

APPELLATE VICTORY – TRIAL COURT ORDER UPHOLDING LATE NOTICE OF CLAIM AGAINST NEW YORK CITY UPHELD

APPELLATE PRACTICE – NEW YORK

Jeffrey W. Varcadipane secured an appellate court victory upholding a trial court order that had permitted Plaintiff’s late Notice of Claim against New York City. In [Matter of Rojas v. New York City Health & Hosps. Corp., 127 A.D.3d 870 (April 8, 2015)], the City had sought to dismiss a mother’s claim arising out of the death of her child in utero based solely upon the fact that the Notice of Claim was filed more than 90 days after the death. On appeal, the Court agreed that Plaintiff had a reasonable excuse for not serving a timely notice of claim because the hospital failed to provide the autopsy report despite her multiple, prompt requests for it. Furthermore, the Court agreed that Plaintiff made sufficient showing that the City had actual knowledge of the essential facts to the claim during the relevant 90 day time period. Accordingly, the Court upheld the trial court’s denial of the City’s motion to dismiss.

All materials and information on this web site are presented for informational purposes only. Nothing contained on this site is intended to constitute legal advice. While every effort is made to ensure accuracy of the material and information provided, no guarantee is made regarding its accuracy. No reliance should be made upon the information contained in this site without first seeking the advice of qualified counsel. No attorney-client relationship is established by the use of, or reliance upon, the materials or information contained on this site. While any information you may submit to our firm, once received, will be treated as confidential, any inquiry made by e-mail or by submission of written inquiry, online or otherwise, does not establish an attorney-client relationship. An attorney-client relationship with our firm may only be established via written retainer agreement, executed by a member of our Firm.