Sun v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Sun v. New York City Health & Hospitals Corp.

13 A.D.3d 151, 785 N.Y.S.2d 696, 2004 N.Y. App. Div. LEXIS 15064

Appellate Division of the Supreme Court of the State of New York·Decided December 14, 2004·Published

Opinion

Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered November 28, 2003, which, inter alia, granted defendants-respondents’ motion insofar as to dismiss plaintiff mother’s claims against them, unanimously affirmed, without costs.

[152] Plaintiff mother did not file a timely notice of claim and did not seek leave to file a late notice of claim prior to the expiration of the applicable statutory period. Her claims against defendants-respondents were thus properly dismissed (see Hall v City of New York, 1 AD3d 254 [2003]). Contrary to plaintiffs’ argument, there do not exist the sort of exceptional circumstances upon which the Health and Hospitals Corporation defendants might be estopped from raising plaintiffs’ failure to file a timely notice of claim as a ground for dismissal (cf. Bender v New York City Health & Hosps. Corp., 38 NY2d 662 [1976]). Concur—Buckley, P.J., Andrias, Sullivan, Ellerin and Williams, JJ.

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Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered November 28, 2003, which, inter alia, granted defendants-respondents’ motion insofar as to dismiss plaintiff mother’s claims against them, unanimously affirmed, without costs.

[152] Plaintiff mother did not file a timely notice of claim and did not seek leave to file a late notice of claim prior to the expiration of the applicable statutory period. Her claims against defendants-respondents were thus properly dismissed (see Hall v City of New York, 1 AD3d 254 [2003]). Contrary to plaintiffs’ argument, there do not exist the sort of exceptional circumstances upon which the Health and Hospitals Corporation defendants might be estopped from raising plaintiffs’ failure to file a timely notice of claim as a ground for dismissal (cf. Bender v New York City Health & Hosps. Corp., 38 NY2d 662 [1976]). Concur—Buckley, P.J., Andrias, Sullivan, Ellerin and Williams, JJ.

Sun v. New York City Health & Hospitals Corp., 13 A.D.3d 151, 785 N.Y.S.2d 696, 2004 N.Y. App. Div. LEXIS 15064 (N.Y. Ct. App. 2004).

Pincite

13 A.D.3d 151 (Sun v. New York City Health & Hospitals Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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