Appellate Division of the Supreme Court of New York, 2008

Figueroa v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York · Decided March 25, 2008

49 A.D.3d 454; 854 N.Y.2d 69

Cases that cite this one

4 later published cases cite this decision.

Almanzar v. New York City Health & Hosps. Corp. (New York Supreme Court, Bronx County 2025)
Almanzar v. New York City Health & Hosps. Corp. (New York Supreme Court, Bronx County 2025)
A.M. v. New York City Health & Hosps. Corp. (Appellate Division of the Supreme Court of New York 2023)
Matter of Katshana H. v. New York City Health & Hosps. Corp. (Appellate Division of the Supreme Court of New York 2019)

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

*455Defendant’s possession of plaintiffs medical records since the time of the alleged malpractice at birth in 1995 gave it actual notice of the alleged cause of the infant’s cerebral palsy from the inception. Given this knowledge of the essential facts and resultant lack of substantial prejudice, the delay in moving to file a notice of claim nunc pro tunc is not fatal (see Talavera ex rel. Rios v New York City Health & Hosps. Corp., 48 AD3d 276 [2008]; Caminero v New York City Health & Hosps. Corp. [Bronx Mun. Hosp. Ctr.], 21 AD3d 330 [2005]). Concur—Tom, J.P., Andrias, Nardelli and Sweeny, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.