Tenezaca v New York City Health & Hosps. Corp.

Holding The Appellate Division reversed the lower court’s denial of the plaintiff’s motion to deem a late notice of claim timely served, finding that the medical records provided the defendant with actual knowledge of the essential facts constituting the claim. Consequently, the dismissal of the complaint for failure to serve a timely notice of claim was also reversed.

The court’s words

Medical records can establish actual knowledge of the essential facts constituting a claim where they evince that the medical staff, by its acts or omissions, inflicted an injury on plaintiff

2026 NY Slip Op 05208, at the official text

Where the alleged malpractice is apparent from an independent review of the medical records, those records constitute actual knowledge of the facts constituting the claim

2026 NY Slip Op 05208, at the official text

Inasmuch as the Elmhurst records, upon independent review, suggested injury attributable to medical malpractice, those records provided the defendant with actual knowledge of the essential facts constituting the claim

2026 NY Slip Op 05208, at the official text