Lopez v. Lincoln Hospital

Appellate Division of the Supreme Court of New York

Lopez v. Lincoln Hospital

272 A.D.2d 275, 709 N.Y.S.2d 398, 2000 N.Y. App. Div. LEXIS 6127

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 30, 2000

StatusPublished

Cited by3 cases

This text of 272 A.D.2d 275 (Lopez v. Lincoln Hospital) 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

Lopez v. Lincoln Hospital, 272 A.D.2d 275, 709 N.Y.S.2d 398, 2000 N.Y. App. Div. LEXIS 6127 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered October 27, 1997, which, in this medical malpractice action, denied plaintiffs application to serve and file a late notice of claim, unanimously affirmed, without costs.

The motion court was without discretion to permit plaintiff to file a late notice of claim since plaintiffs motion for permission to file a late notice of claim was not made (see, CPLR 2211) until more than one year and 90 days beyond the accrual of her cause of action (see, General Municipal Law § 50-e [5]; § 50-i [1]; Pierson v City of New York, 56 NY2d 950; Abad v New York City Health & Hosps. Corp., 214 AD2d 342). Concur — Wallach, J. P., Andrias, Saxe and Buckley, JJ.

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—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered October 27, 1997, which, in this medical malpractice action, denied plaintiffs application to serve and file a late notice of claim, unanimously affirmed, without costs.

The motion court was without discretion to permit plaintiff to file a late notice of claim since plaintiffs motion for permission to file a late notice of claim was not made (see, CPLR 2211) until more than one year and 90 days beyond the accrual of her cause of action (see, General Municipal Law § 50-e [5]; § 50-i [1]; Pierson v City of New York, 56 NY2d 950; Abad v New York City Health & Hosps. Corp., 214 AD2d 342). Concur — Wallach, J. P., Andrias, Saxe and Buckley, JJ.

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Bluebook (online)

272 A.D.2d 275, 709 N.Y.S.2d 398, 2000 N.Y. App. Div. LEXIS 6127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-lincoln-hospital-nyappdiv-2000.

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