Practice point: The factor of infancy, standing alone, does not compel the granting of a motion for leave to serve a late notice of claim.
Practitioners should note that merely having or creating hospital records, without more, does not establish actual knowledge of a potential injury where the records do not establish that the medical staff, by its acts or omissions, inflicted an injury on the plaintiff.
Case: Contreras v. KBM Realty Corp., NY Slip 07220 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Motion practice.
