Corvera v. Nassau Cnty. Health Care Corp., 38 A.D.3d 775 (N.Y. App. Div. 2007). · Go Syfert
Corvera v. Nassau Cnty. Health Care Corp., 38 A.D.3d 775 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Benjamin v. Nassau Health Care Corp.
N.Y. App. Div. · 2016 · confidence medium
Under those circumstances, the fact that the petitioner could not show a reasonable excuse for the delay does not bar the granting of leave to serve a late notice of claim upon the appellant (see Matter of Joy v County of Suffolk, 89 AD3d 1025, 1027 [2011]; Matter of Rivera-Guallpa v County of Nassau, 40 AD3d 1001, 1002 [2007]; Matter of Corvera v Nassau County Health Care Corp., 38 AD3d 775, 776-777 [2007]; Matter of Tapia v New York City Health & Hosps.
discussed Cited as authority (rule) Matter of Kellel B. v. New York City Health & Hosps. Corp.
N.Y. App. Div. · 2014 · confidence medium
Moreover, the medical records indicate that respondent’s employees were aware that the child had PVL on March 13, 2008, three months and six days after the 90-day limitation had expired, when they performed neurological testing, and it is undisputed that respondent’s employees treated him for that condition approximately three years after his birth (see Matter of Corvera v Nassau County Health Care Corp., 38 AD3d 775, 776 [2d Dept 2007]).
discussed Cited as authority (rule) Martinez v. City of New York
N.Y. App. Div. · 2009 · confidence medium
Further, although not expressly enumerated as a statutory factor (see General Municipal Law § 50-e [5]), the plaintiff did not demonstrate a reasonable excuse for not serving a timely notice of claim (see Casias v City of New York, 39 AD3d 681, 683 [2007]; Matter of Corvera v Nassau County Health Care Corp., 38 AD3d 775, 777 [2007]; Matter of Salter v Housing Auth. of City of N.Y., 251 AD2d 585, 586 [1998]).
discussed Cited as authority (rule) Rowe v. Nassau Health Care Corp.
N.Y. App. Div. · 2008 · confidence medium
School Dist., 50 AD3d 138, 150 [2008]; Bridgeview at Babylon Cove Homeowners Assn., Inc. v Incorporated Vil. of Babylon, 41 AD3d 404, 405-406 [2007]; Casias v City of New York, 39 AD3d 681, 683 [2007]; Matter of Corvera v Nassau County Health Care Corp., 38 AD3d 775, 777 [2007]).
discussed Cited as authority (rule) Blair v. Pleasantville Union Free School District
N.Y. App. Div. · 2008 · confidence medium
Further, it does not appear that they were prejudiced by the delay in serving the notice of claim (see Matter of Corvera v Nassau County Health Care Corp., 38 AD3d 775, 776-777 [2007]; Matter of Vasquez v City of Newburgh, 35 AD3d 621, 623 [2006]; Matter of Tapia v New York City Health & Hosps.
discussed Cited as authority (rule) Arias v. New York City Health & Hospitals Corp.
N.Y. App. Div. · 2008 · confidence medium
School Dist. 50 AD3d 138 [2d Dept 2008]; Bridgeview at Babylon Cove Homeowners Assn., Inc. v Incorporated Vil. of Babylon, 41 AD3d 404, 405-406 [2007]; Casias v City of New York, 39 AD3d 681, 683 [2007]; Matter of Corvera v Nassau County Health Care Corp., 38 AD3d 775, 777 [2007]).
discussed Cited as authority (rule) Melissa G. v. North Babylon Union Free School District
N.Y. App. Div. · 2008 · confidence medium
Since the District’s actual knowledge of the essential facts constituting the claim enabled it to conduct an appropriate investigation, the petitioners also carried their burden of establishing the absence of prejudice to the District (see Catterson v Suffolk County Dept. of Health Servs., 49 AD3d 792 [2008]; Matter of Corvera v Nassau County Health Care Corp., 38 AD3d 775, 776-777 [2007]; Matter of Vasquez v City of Newburgh, 35 AD3d 621, 623 [2006]; Matter of Tapia v New York City Health & Hosps.
cited Cited as authority (rule) Julie F. City of New York
N.Y. App. Div. · 2008 · confidence medium
Islip, 36 AD3d 920 [2007]; Nardi v County of Westchester, 18 AD3d 521, 522 [2005])” (Matter of Corvera v Nassau County Health Care Corp., 38 AD3d 775, 776 [2007]).
discussed Cited as authority (rule) Godoy v. Nassau Health Care Corp. (2×)
N.Y. App. Div. · 2008 · confidence medium
In support of the application, the petitioner submitted medical records (see Matter of Rivera-Guallpa v County of Nassau, 40 AD3d 1001 [2007]; Matter of Corvera v Nassau County Health Care Corp., 38 AD3d 775, 776 [2007]; Matter of Tomlinson v New York City Health & Hosps.
discussed Cited as authority (rule) Felice v. Eastport/South Manor Central School District
N.Y. App. Div. · 2008 · confidence medium
All relevant factors and circumstances must be considered, and, in numerous cases construing the statute, courts have considered whether the claimant had a reasonable excuse for not serving a timely notice (see Bridgeview at Babylon Cove Homeowners Assn., Inc. v Incorporated Vil. of Babylon, 41 AD3d 404 [2007]; Casias v City of New York, 39 AD3d 681, 683 [2007]; Matter of Corvera v Nassau County Health Care Corp., 38 AD3d 775, 776-777 [2007]; Matter of Narcisse v Incorporated Vil. of Cent.
Retrieving the full opinion text from the archive…
In the Matter of Yocelin Corvera
v.
Nassau County Health Care Corporation
Appellate Division of the Supreme Court of the State of New York.
Mar 20, 2007.
38 A.D.3d 775
Cited by 11 opinions  |  Published

In a proceeding pursuant to General Municipal Law § 50-e, inter alia, for leave to serve a late notice of claim, Nassau[*776] County Health Care Corporation, Nassau University Medical Center, Elsie Santana-Fox, Dr. White, and Maiquel Carrasco appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Woodard, J.), entered October 6, 2005, as granted that branch of the petition which was for leave to serve a late notice of claim on behalf of the infant petitioner.

Ordered that the order is affirmed insofar as appealed from, with costs.

The infant petitioner allegedly sustained severe brain damage during her delivery on August 10, 2001 at the hospital of the appellant Nassau University Medical Center. The petitioners did not serve a notice of claim until July 14, 2003 and they waited until February 2005 before seeking an order, inter alia, for leave to serve a late notice of claim.

In determining whether to grant an application for leave to serve a late notice of claim, a court should consider, inter alia, (1) whether the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days from its accrual or a reasonable time thereafter, (2) whether the claimant is an infant or physically or mentally incapacitated, (3) whether the claimant demonstrated a reasonable excuse for the delay in serving a notice of claim, and (4) whether the delay would substantially prejudice the municipality in maintaining its defense on the merits (see General Municipal Law § 50-e [5]; Matter of Narcisse v Incorporated Vil. of Cent. Islip, 36 AD3d 920 [2007]; Nardi v County of Westchester, 18 AD3d 521, 522 [2005]). Whether to grant a petition for leave to serve a late notice of claim is committed to the sound discretion of the Supreme Court (see Matter of Presley v City of New York, 254 AD2d 490 [1998]).

Here, the Supreme Court providently exercised its discretion in granting the infant petitioner’s application for leave to serve a late notice of claim. The appellants possessed the infant petitioner’s medical records, which documented her injuries at birth, the care given to her, the procedures performed, and the time of the alleged malpractice. Therefore, the appellants had actual notice of the essential facts underlying the claim (see Nardi v County of Westchester, supra; Montero v New York City Health & Hosps. Corp., 17 AD3d 550 [2005]; Matter of West v New York City Health & Hosps. Corp., 195 AD2d 517, 518 [1993]; Matter of Tomlinson v New York City Health & Hosps. Corp., 190 AD2d 806 [1993]; cf. Williams v Nassau County Med. Ctr., 6 NY3d 531 [2006]). Moreover, in light of the appellants’ actual knowledge of the essential facts constituting the claim,[*777] there is no substantial prejudice to their maintaining a defense (see Matter of Vasquez v City of Newburgh, 35 AD3d 621 [2006]; Matter of Tapia v New York City Health & Hosps. Corp., 27 AD3d 655, 657 [2006]). Furthermore, the infant petitioner provided a reasonable excuse for the delay (see Matter of McLaughlin v County of Albany, 258 AD2d 778, 779 [1999]).

The appellants’ remaining contentions on appeal do not require a different result. Crane, J.P., Florio, Fisher and Dickerson, JJ., concur.