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Diaz v. New York City Health & Hospitals Corp.

56 A.D.2d 317, 866 N.Y.S.2d 868
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 18, 2008
StatusPublished

This text of 56 A.D.2d 317 (Diaz v. New York City Health & Hospitals Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Diaz v. New York City Health & Hospitals Corp., 56 A.D.2d 317, 866 N.Y.S.2d 868 (N.Y. Ct. App. 2008).

Opinion

— Order, Supreme Court, Bronx County (Douglas E. McKeon, J), entered July 27, 2007, which granted defendant’s motion to dismiss the complaint for failure to serve a notice of claim, unanimously affirmed, without costs.

General Municipal Law § 50-e (3) (c) “does not excuse a plaintiff’s failure to serve a timely notice of claim on the correct public entity, which is what happened here when plaintiff served [his] notice on the Comptroller rather than HHC” (Scantlebury v New York City Health & Hosps. Corp., 4 NY3d 606, 608 [2005]).

Nor does the alleged agreement with a Corporation Counsel attorney constitute either a waiver of the notice of claim require[318]*318ment (see Badgett v New York City Health & Hosps. Corp., 227 AD2d 127, 128 [1996]) or a ground for application of the doctrine of equitable estoppel against HHC (see Hochberg v City of New York, 99 AD2d 1028 [1984], affd 63 NY2d 665 [1984]). Concur—Saxe, J.P., Nardelli, Moskowitz, Renwick and Freedman, JJ.

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Related

Scantlebury v. New York City Health & Hospitals Corp.
830 N.E.2d 292 (New York Court of Appeals, 2005)
Hochberg v. City of New York
468 N.E.2d 706 (New York Court of Appeals, 1984)
Hochberg v. City of New York
99 A.D.2d 1028 (Appellate Division of the Supreme Court of New York, 1984)
Badgett v. New York City Health & Hospitals Corp.
227 A.D.2d 127 (Appellate Division of the Supreme Court of New York, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
56 A.D.2d 317, 866 N.Y.S.2d 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-new-york-city-health-hospitals-corp-nyappdiv-2008.