LEONETTI LEO NETTI v. DAS (1998)

Supreme Court, Appellate Division, First Department, New York.

Alex LEONETTI, an Infant, by His Moth-er and Natural Guardian, Marie LEO-NETTI, Plaintiff-Appellant, v. Hasi DAS, et al., Defendants-Respondents.

Decided: December 10, 1998

SULLIVAN, J.P., MILONAS, WALLACH, WILLIAMS and MAZZARELLI, JJ.

Sandra D. Janin, for Plaintiff-Appellant. John D. Paterniti, for Defendants-Respondents.

Order, Supreme Court, New York County (William Davis, J.), entered June 9, 1997, which, in an action for medical malpractice, denied plaintiff's motion to serve a late notice of claim, unanimously affirmed, without costs.

The motion was properly denied because the medical records in defendant's possession did not give it notice of the facts constituting plaintiff's claim, and the nearly 10-year delay in serving a notice of claim was not attributable to plaintiff's infancy and has prejudiced defendant's ability to investigate the claim and defend the action (see, Matter of Matarrese v. New York City Health & Hosps. Corp, 215 A.D.2d 7, 633 N.Y.S.2d 837, lv. denied 87 N.Y.2d 810, 642 N.Y.S.2d 859, 665 N.E.2d 661).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network