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JAE WOO YOO v. NEW YORK CITY HEALTH & HOSPS. CORP.

239 A.D.2d 267 (1997)

657 N.Y.S.2d 189

Jae Woo Yoo, as Administrator of The Estate of Floyd Williams, Jr., Deceased, Appellant, v. New York City Health and Hospitals Corporation et al., Respondents

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

May 20, 1997

The causes of action for conscious pain and suffering were properly dismissed on the ground that the notice of claim was not served within 90 days of accrual, which was, at the latest, the date of death, and no motion for leave to serve a late notice of claim was made within the one year and 90-days Statute of Limitations (McKinney's Uncons Laws of NY § 7401 [2] [New York City Health and Hospitals Corporation Act § 20 (2); L 1969, ch 1016, § 1, as amended]...

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