The infant decedent, at the age of ten, died at defendant Lincoln Hospital on May 16, 1989, as a result of a spontaneous left intracerebral hemorrhage. Decedent's mother, plaintiff administratrix, was allegedly too bereaved to contact an attorney until February 20, 1990. She was appointed administratrix on April 16, 1990, and finally moved for leave to serve a notice of claim by order to show cause dated July 30, 1990.
We agree that the application was properly granted only to the extent of permitting the claim for wrongful death, which was timely. As to the claims for loss of services and conscious pain and suffering, the conclusory assertions of plaintiff were insufficient to excuse the delay. Further, mere possession of the hospital records cannot be construed as providing defendants with actual knowledge of the essential facts constituting the claim. (Perkins v. New York City Health Hosps. Corp., 167 A.D.2d 150; Matter of Mandia v. County of Westchester, 162 A.D.2d 217; Matter of Aviles v. New York City Health Hosps. Corp., 172 A.D.2d 237.)
Concur — Murphy, P.J., Milonas, Ellerin, Ross and Rubin, JJ.