CRISTIN ALVAREZ, ETC., plfap, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (NORTH CENTRAL BRONX HOSPITAL), def-res

8768. CRISTIN ALVAREZ, ETC., plfap, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (NORTH CENTRAL BRONX HOSPITAL), def-res — Fitzgerald & Fitzgerald, P.C., Yonkers (John E. Fitzgerald of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for res — Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered April 14, 2010, which denied plaintiff's motion to deem her previously served notice of claim timely, nunc pro tunc, and granted defendant's cross motion for dismissal of the complaint, unanimously reversed, on the law and the facts, without costs, plaintiff's motion granted, and defendant's cross motion denied.

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8768. CRISTIN ALVAREZ, ETC., plfap, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (NORTH CENTRAL BRONX HOSPITAL), def-res — Fitzgerald & Fitzgerald, P.C., Yonkers (John E. Fitzgerald of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for res — Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered April 14, 2010, which denied plaintiff’s motion to deem her previously served notice of claim timely, nunc pro tunc, and granted defendant’s cross motion for dismissal of the complaint, unanimously reversed, on the law and the facts, without costs, plaintiff’s motion granted, and defendant’s cross motion denied.

In this action for medical malpractice, the infant plaintiff who was born at defendant hospital in October 2004 and was found to be suffering from abnormally low glucose levels shortly after her birth, alleges, inter alia, that defendant committed malpractice by failing to perform an emergency Cesarean section and in its diagnosis and treatment of plaintiff’s hypoglycemia, resulting in neurological injuries. Plaintiff served defendant with a notice of claim on June 5, 2006 but did not move to deem the notice timely until February 8, 2009.

CRISTIN ALVAREZ, ETC., plfap, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (NORTH CENTRAL BRONX HOSPITAL), def-res

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