OWENS v. N.Y.C. HEALTH HOSPITALS CORP

ORDERED that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in deeming the plaintiff's notice of claim timely served. The application was made within the appropriate period of limitation, as tolled by the plaintiff's infancy (see, Matter of Makris v. Westchester County, 208 A.D.2d 843 ). In addition, no undue prejudice was caused by the delay since the New York City Health and Hospitals Corporation was in possession of the plaintiff's medical records as of the time of the alleged malpractice and thus had actual notice of the claim and its underlying facts (see, Matter of Tomlinson v. New York City Health and Hospitals Corp., 190 A.D.2d 806, 806-807 ).