MATTER OF RODRIGUEZ v. NEW YORK CITY HEALTH & HOSPS. CORP.


88 A.D.2d 660 (1982)

In the Matter of Susan Rodriguez, an Infant, by Her Mother and Natural Guardian, Maria Rodriguez, Respondent, v. New York City Health and Hospitals Corporation, Appellant

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

May 24, 1982


Order affirmed, with $50 costs and disbursements.

The infant claimant was allegedly injured at the time of her birth in 1973 due to the negligence of certain employees of the appellant. At that time there was no duty upon her to serve a notice of claim upon appellant in order to maintain an action against its employees (see Bender v Jamaica Hosp., 40 N.Y.2d 560). Therefore, as this...

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