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KRAMER v. CITY OF NEW YORK

157 A.D.2d 404 (1990)

Paula Kramer, Appellant, v. City of New York et al., Defendants, and Mark Lazansky, Respondent

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

May 31, 1990

Attorney(s) appearing for the Case

Alexander J. Wulwick of counsel (Nassy & Hill, attorneys), for appellant.

Alan G. Krams of counsel (Barry P. Schwartz with him on the brief; Victor A. Kovner, Corporation Counsel, attorney), for respondent.

ROSS, J. P., KASSAL, ELLERIN and RUBIN, JJ., concur.

CARRO, J.

We are confronted with the question of whether a notice of claim is required where a cause of action sounding in fraud is alleged against a doctor, when the fraudulent acts were separate from, and subsequent to, acts giving rise to malpractice claims by plaintiff against the doctor and his municipal employer. For the reasons that follow, we conclude that...

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