McMillan v. City of New York
Cases that cite this one
14 later published cases cite this decision.
- Greene v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2006)
- Matter of JJCRR v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2024)
- Bowser v. New York Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2012)
- Miranda v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2011)
- Kumar v. Westchester County Health Care Corp. (Appellate Division of the Supreme Court of New York 2010)
- Rivera-Guallpa v. County of Nassau (Appellate Division of the Supreme Court of New York 2007)
- Cifuentes v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2007)
- Bayo v. Burnside Mews Associates (Appellate Division of the Supreme Court of New York 2007)
- Moody v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2006)
- Hardison v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2005)
- Caminero v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2005)
- Celeste v. Nassau Health Care Corp. (Appellate Division of the Supreme Court of New York 2004)
- Hardison v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2004)
- De La Cruz v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 1, 1999, which, insofar as appealed from, granted petitioner infant’s application to serve a late notice of claim alleging respondents’ malpractice in rendering prenatal care to her mother and neonatal care to herself, unanimously affirmed, without costs.
The infant, who claims that her brain damage, cerebral palsy and spastic quadriplegia were caused by respondents’ malpractice, should not be penalized for the two-year delay of her mother in seeking legal counsel and the ensuing five-year delay caused by counsel’s law-office failure, where respondents have been in possession of her medical records since the time of the alleged malpractice, and, accordingly, have not been prejudiced by the delay (see, Spaulding v New York City Health & Hasps. Corp., 210 AD2d 128, citing Matter of Williams v Bronx Mun. Hosp. Ctr., 205 AD2d 420, 421; Cruz v City of New York, 200 AD2d 407, 408; see also, Matter of Kurz v New York City Health & Hosps. Corp., 174 AD2d 671). Respondents’ claim of prejudice by reason of two of the doctors accused of malpractice having left their employ is unconvincing absent a showing that the doctors are actually unavailable. Concur — Sullivan, P. J., Williams, Tom, Saxe and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.