Lopez v. Lincoln Hospital

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

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.