Martinez v. City of New York

Appellate Division of the Supreme Court of New York

Martinez v. City of New York

49 A.D.2d 830, 374 N.Y.S.2d 1, 1975 N.Y. App. Div. LEXIS 10962

Appellate Division of the Supreme Court of the State of New York·Decided October 14, 1975·Published

Opinion

Order, Supreme Court, Bronx County, entered on September 25, 1974, as resettled by order of said court entered on November 4, 1974, unanimously affirmed, without costs and without disbursements. There has been a diligent assertion of claim without any prejudice to the defendant. Under the circumstances presented, the infant plaintiff’s timely service of the notice of claim on the Comptroller’s office is good service on the Health and Hospitals Corporation. (See Matter of Economou v New York City Health & Hosps. Corp., 47 AD2d 877.) Concur—Stevens, P. J., Murphy, Lupiano, Capozzoli and Nunez, JJ.

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Order, Supreme Court, Bronx County, entered on September 25, 1974, as resettled by order of said court entered on November 4, 1974, unanimously affirmed, without costs and without disbursements. There has been a diligent assertion of claim without any prejudice to the defendant. Under the circumstances presented, the infant plaintiff’s timely service of the notice of claim on the Comptroller’s office is good service on the Health and Hospitals Corporation. (See Matter of Economou v New York City Health & Hosps. Corp., 47 AD2d 877.) Concur—Stevens, P. J., Murphy, Lupiano, Capozzoli and Nunez, JJ.

Martinez v. City of New York, 49 A.D.2d 830, 374 N.Y.S.2d 1, 1975 N.Y. App. Div. LEXIS 10962 (N.Y. Ct. App. 1975).

Pincite

49 A.D.2d 830 (Martinez v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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