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REYES v. DUFFY

162 Misc.2d 624 (1994)

618 N.Y.S.2d 484

Julio Reyes, Plaintiff, v. Kent Duffy et al., Defendants.

Supreme Court, New York County.

April 7, 1994

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City (Victoria D. Scalzo of counsel), for defendants. Levine & Grossman, Mineola (Scott D. Rubin of counsel), for plaintiff.

STANLEY L. SKLAR, J.

This motion presents the novel issue of whether a plaintiff's time to file a notice of claim against the New York City Health and Hospitals Corporation (HHC) can be extended by continuous treatment rendered by HHC after the plaintiff has already served HHC with a summons and complaint. I hold that it cannot.

HHC moves pursuant to CPLR 3211 (a) (7) and 3212 for an order dismissing...

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