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BADGETT v. NEW YORK CITY HEALTH & HOSPS. CORP.

227 A.D.2d 127 (1996)

641 N.Y.S.2d 299

Robert Badgett et al., Appellants, v. New York City Health and Hospitals Corporation, Respondent

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

May 2, 1996

The IAS Court properly dismissed the complaint in this medical malpractice action on the ground of plaintiffs' failure to properly serve a notice of claim upon HHC within 90 days of the accrual of the cause of action, as required by the notice of claim provisions of General Municipal Law § 50-e and McKinney's Unconsolidated Laws of NY § 7401 (2) (Health and Hospitals Corporation Act § 20 [2] [L 1969, ch 1016, §...

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