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.
Posted on 02/11/2017 at 12:00 AM