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RHODEMAN v. CITY OF NEW YORK

57 A.D.2d 765 (1977)

Constance B. Rhodeman, Individually and as Administratrix of The Estate of Na Verne S. Rhodeman, Deceased, Respondent, v. City of New York, Appellant

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

May 12, 1977

Plaintiff's husband died on December 28, 1959 and an autopsy was performed the next day. On June 6, 1960 a notice of claim was served which contained claims for (1) negligence in the transportation of the decedent, causing him to fall and (2) unlawful autopsy. When the matter came on for trial in June, 1971, plaintiff sought to add a new claim based upon improper and careless performance of an operation on her husband. The trial court found the notice of claim to be time...

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