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GOULD v. HEALTH & HOSPS.

128 Misc.2d 328 (1985)

Barbara Gould, as Administratrix of The Estate of Mable Gould, Deceased, Plaintiff, v. New York City Health and Hospitals Corporation (Harlem Hospital), Defendant.

Supreme Court, Special Term, New York County.

April 26, 1985

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (John Pierce Ryan of counsel), for defendant. Bert Subin, P. C. (Beth Ambler of counsel), for plaintiff.

LEONARD N. COHEN, J.

Defendant moves to dismiss the complaint for failure of plaintiff to timely serve a notice of claim under General Municipal Law § 50-e. It is conceded that plaintiff's injury occurred on December 12, 1981. The notice of claim was filed on April 28, 1982.

Plaintiff claims that her cause of action arises in medical malpractice and ordinary negligence and that she was under the...

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