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KROIN v. CITY OF NEW YORK

210 A.D.2d 95 (1994)

620 N.Y.S.2d 339

Gloria Kroin, Individually and as Administratrix of The Estate of Saul S. Kroin, Appellant, v. City of New York et al., Respondents

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

December 13, 1994

Defendants were under no duty to raise plaintiff's failure to serve a notice of claim on defendant HHC as an affirmative defense, or otherwise bring to plaintiff's attention that defendant City of New York, on whom plaintiff did serve a notice of claim, was not a proper party defendant (see, Ceely v New York City Health & Hosps. Corp., 162 A.D.2d 492, 493). Plaintiff's attorney...

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