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DE LA CRUZ v. CITY OF NEW YORK

221 A.D.2d 168 (1995)

633 N.Y.S.2d 145

Demasco De La Cruz et al., Appellants, v. City of New York et al., Respondents

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

November 2, 1995

As plaintiffs did not seek to amend the notice of claim within the one-year-and-90-day period of limitations, the complaint was properly dismissed (Pierson v City of New York, 56 N.Y.2d 950). Plaintiffs' effort to change the name of the allegedly negligent hospital from that designated in the original notice of claim, more than 90 days after the cause of action had accrued (but before the...

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