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Dunne v. Grello

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1992
180 A.D.2d 662 (N.Y. App. Div. 1992)

Opinion

February 10, 1992

Appeal from the Supreme Court, Suffolk County (Gerard, J.).


Ordered that the order is affirmed, with costs.

"`The rationale for requiring one who sues a public corporation to file a notice of claim within 90 days, is far less cogent and realistic in a medical malpractice case than in one for traditional negligence'" (Di Notte v. County of Westchester, 115 A.D.2d 585, 586, quoting Dickey v. County of Nassau, 65 A.D.2d 780, 781). Inasmuch as the defendants in this case had actual knowledge of the essential facts constituting the subject claim by virtue of their exclusive possession of the pertinent medical records, they were not in any way prejudiced by the plaintiff's delay in serving a notice of claim (Di Notte v. County of Westchester, 115 A.D.2d 585, supra). Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.


Summaries of

Dunne v. Grello

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1992
180 A.D.2d 662 (N.Y. App. Div. 1992)
Case details for

Dunne v. Grello

Case Details

Full title:JOANN DUNNE, an Infant, by Her Mother and Natural Guardian, ANN DUNNE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 10, 1992

Citations

180 A.D.2d 662 (N.Y. App. Div. 1992)
579 N.Y.S.2d 707

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