BENDER v. NEW YORK CITY HEALTH & HOSPS. CORP.


46 A.D.2d 898 (1974)

James C. Bender, a Minor, by His Father, Gerard Bender, et al., Respondents, v. New York City Health and Hospitals Corporation, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 16, 1974


Order reversed insofar as appealed from, without costs, and above-mentioned branches of plaintiffs' motion denied.

Plaintiffs served their notice of claim upon the City of New York within 90 days after the claim in question arose. Over a year later they served a summons and complaint upon appellant based upon this claim. Appellant set up affirmative defenses, the first of which was that plaintiffs had failed to file a timely notice of claim with it. Plaintiffs then...

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