Pearson v New York City Health & Hosps. Corp. (Harlem Hosp. Ctr.), 10 NY3d 852 (2008)

2008 NY Slip Op 04186 [10 NY3d 852]
May 6, 2008
Court of Appeals

[*1]

In the Matter of Shanice Pearson, an Infant by Her Mother and Natural Guardian, Michelle Pearson, Respondent,
v
New York City Health and Hospitals Corporation (Harlem Hospital Center) et al., Appellants.

Decided May 6, 2008

Pearson v New York City Health & Hosps. Corp. (Harlem Hosp. Ctr.), 43 AD3d 92, affirmed.

{**10 NY3d at 854} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

On these facts, the courts below acted within their discretion in granting plaintiff’s [*2]motion for permission to serve a late notice of claim (see General Municipal Law § 50-e; Williams v Nassau County Med. Ctr., 6 NY3d 531, 538 [2006]). Similarly, the courts below did not abuse their discretion by granting plaintiff’s motion to discontinue the action without prejudice to renewal when the full extent of plaintiff’s injuries are ascertainable (see CPLR 3217).

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.