Torres v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Torres v. New York City Health & Hospitals Corp.

82 A.D.3d 530, 918 N.Y.2d 712

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 2011·Published

Opinion

The record clearly demonstrates that decedent’s relationship with the hospital ceased, at the latest, on July 26, 2006, when she was discharged. Plaintiffs notice of claim was not served within the requisite 90-day period after the claim arose (see General Municipal Law § 50-e [1] [a]), and no motion for leave to file a late notice of claim was made within one year and 90 days after accrual of the claim (see General Municipal Law [531]*531§ 50-e [5]; § 50-i [1]; McCrae v City of New York, 44 AD3d 306 [2007]). Concur — Mazzarelli, J.E, Sweeny, DeGrasse, Freedman and Abdus-Salaam, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

The record clearly demonstrates that decedent’s relationship with the hospital ceased, at the latest, on July 26, 2006, when she was discharged. Plaintiffs notice of claim was not served within the requisite 90-day period after the claim arose (see General Municipal Law § 50-e [1] [a]), and no motion for leave to file a late notice of claim was made within one year and 90 days after accrual of the claim (see General Municipal Law [531]*531§ 50-e [5]; § 50-i [1]; McCrae v City of New York, 44 AD3d 306 [2007]). Concur — Mazzarelli, J.E, Sweeny, DeGrasse, Freedman and Abdus-Salaam, JJ.

Torres v. New York City Health & Hospitals Corp., 82 A.D.3d 530, 918 N.Y.2d 712 (N.Y. Ct. App. 2011).

Pincite

82 A.D.3d 530 (Torres v. New York City Health & Hospitals Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related