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On September 15, 2005 the petitioner Candice Chambers reported to the emergency room at
a hospital owned and operated by the appellant Nassau County Health Care Corporation complaining
of swelling in her neck. Her triage assessment sheet indicates that she informed the staff ...
In exercising its discretion in determining whether to grant leave to serve a late notice of
claim, the court must consider various factors, including whether (1) the claimant is an infant,
(2) the movant has demonstrated a reasonable excuse for failing to serve a timely notice ...
An out-of-possession landlord is not liable for injuries occurring on the premises unless it has
retained control of the premises or is contractually obligated to perform maintenance and repairs
(see Tragale v 485 Kings Corp., 39 AD3d 626 [2007]; Rhian v PABR Assoc., LLC, 38 ...