2008 NY Int. 69

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This opinion is uncorrected and subject to revision before publication in the Official Reports.

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2008 NY Slip Op 04186

Decided on May 6, 2008

No. 130 SSM 2

Shanice Pearson, & c., Respondent,

v

New York City Health and Hospitals Corporation (Harlem Hospital Center), et al., Appellants.

Submitted by Drake A. Colley, for appellants.

Submitted by John M. Daly, for respondent.

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 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).

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question answered in the affirmative, in a memorandum. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided May 6, 2008