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NORR v. SPIEGLER

72 A.D.2d 20 (1980)

Charmaine Norr, Respondent, v. Enrique Spiegler, Appellant and Third-Party Plaintiff City of New York et al., Third-Party Defendants and Fourth-Party Plaintiffs; Beth Israel Medical Center, Fourth-Party Defendant

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

January 3, 1980

Attorney(s) appearing for the Case

Bernard Burstein of counsel (L. Kevin Sheridan with him on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for appellant.

Martin L. Rothman of counsel (Eric Gewurz with him on the brief; Gewurz & Gewurz, P. C., attorneys; Seligson, Rothman & Rothman, appellate counsel), for respondent.

BIRNS and FEIN, JJ., concur with SANDLER, J.; KUPFERMAN, J. P., dissents in an opinion.

SANDLER, J.

This is a malpractice action arising out of the defendant's allegedly negligent treatment of plaintiff in December, 1970 at the Gouverneur Ambulatory Clinic ("GAC"), conducted at what was formerly the Gouverneur Hospital of the City of New York. Concededly, no notice of claim was ever served on the city pursuant to section 50-e of the General Municipal Law and the action was not commenced until December...

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