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


36 N.Y.2d 925 (1975)

Glen Baker et al., Respondents, v. New York City Health and Hospitals Corporation, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 11, 1975.


Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Mark D. Lefkowitz and L. Kevin Sheridan of counsel), for appellant.

Laurence Reinlieb and Richard L. Baltimore, Jr. for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

This is a proceeding brought by an administrator pursuant to section 50-e of the General Municipal Law for leave to serve a late notice of claim on the defendant, New York City Health and Hospitals Corporation. Since the relief requested referred to two distinct causes of action, wrongful death and conscious pain and suffering, the first two paragraphs of subdivision 5 come into play (General Municipal Law, § 50-e, subd 5, pars [1], [2]).<...

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