Practice point: Where malpractice is apparent from an independent review of the medical records, those records constitute actual notice of the pertinent facts of the claim.
Student note: Pursuant to the statute, a party seeking to sue a public corporation must serve a notice of claim on the prospective defendant within ninety days after the claim arises.
Ballantine v. Pine Plains Hose Co., Inc., NY Slip Op 07697 (2d Dep't November 14, 2018)
Here is the decision.
