IN RE HAKIM QUICK, JR., AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, THERESA WILSON, pet-res, v. THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, res-res

10065N. IN RE HAKIM QUICK, JR., AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, THERESA WILSON, pet-res, v. THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, res-res — Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for ap — Duffy & Duffy, Uniondale (James N. LiCalzi of counsel), for res — Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered April 25, 2011, which granted the petition for leave to serve a late notice of claim and deemed the notice of claim timely served nunc pro tunc, unanimously affirmed, without costs.

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10065N. IN RE HAKIM QUICK, JR., AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, THERESA WILSON, pet-res, v. THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, res-res — Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for ap — Duffy & Duffy, Uniondale (James N. LiCalzi of counsel), for res — Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered April 25, 2011, which granted the petition for leave to serve a late notice of claim and deemed the notice of claim timely served nunc pro tunc, unanimously affirmed, without costs.

Supreme Court considered all of the relevant factors and providently exercised its discretion in granting the petition (see General Municipal Law §50-e[5]). Petitioner’s claim, which is premised upon faulty prenatal care, accrued when he was born on May 9, 2003 (see LaBello v. Albany Med. Ctr. Hosp., 85 NY2d 701, 704 [1995]) and, as an infant, he was entitled to have the statute of limitations tolled for 10 years (CPLR 208; see Cohen v. Pearl Riv. Union Free School Dist., 51 NY2d 256, 263 [1980]; Contreras v. KBM Realty Corp., 66 AD3d 627, 628-629 [2d Dept 2009], lv denied 14 NY3d 701 [2010]). Accordingly, the petition, filed on or about September 28, 2010, was timely.

IN RE HAKIM QUICK, JR., AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, THERESA WILSON, pet-res, v. THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, res-res

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