There are special rules and procedures that must be followed when bringing a claim against the City of New York and the New York Health and Hospitals Corporation (NYCHHC). For personal injuries claims, a Notice of Claim must be served within 90 days of the accident that forms the basis of the claim. For medical malpractice claims, a Notice of Claim must be served within 90 days from the date the malpractice was committed or within 90 days from the last date the injured party was treated for the injuries resulting from the malpractice by the facility, hospital, or health care provider acting in behalf of the City of New York or NYCHHC. The court has the discretion to grant permission to file a late Notice of Claim. Such application must be made within a year and 90 days from the accident or from the last date of treatment, however such permission is not always granted.
In determining whether to grant the application to serve a late Notice of Claim, the court must weigh vari