Appellate Division of the Supreme Court of the State of New York August 25, 2005 (Caminero v. New York City Health & Hospitals Corp.)

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered October 22, 2003, which denied plaintiffs motion for an order deeming timely, nunc pro tunc, a notice of claim previously served or for leave to file a late notice of claim, and granted defendant’s cross motion to dismiss the complaint, *331unanimously reversed, on the law, the facts and in the exercise of discretion, without costs,