The court providently exercised its discretion by denying plaintiff's motion for leave to file a late notice of claim on defendants New York City Health & Hospitals Corporation (HHC) and Bellevue Hospital, pursuant to General Municipal Law § 50-e[5]. The court properly determined that it could not grant leave as to the medical malpractice and negligence claims alleged in the complaint because the one-year and 90-day statute of limitations for those claims expired before the motion was made. Moreover, the complaint does not expressly assert a cause of action for wrongful death and fails to allege the required element that the decedent's estate had distributees who could have suffered pecuniary loss by reason of her death.
Axisa v. New York City Health & Hosps. Corp., NY Slip Op 038=926 (1st Dep't July 25, 2024)
