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TIMMINS v. BETH ISRAEL MED CTR

177 Misc.2d 845 (1998)

676 N.Y.S.2d 911

Michael Timmins, Sr., Individually and as Administrator of The Estate of Paula Timmins, Deceased, Plaintiff, v. Beth Israel Medical Center — Kings Highway Division et al., Defendants.

Supreme Court, Kings County.

August 5, 1998

Attorney(s) appearing for the Case

Schiavetti, Geisler, Corgan, Soscia, DeVito, Gabriele & Nicholson, L. L. P., New York City (Thomas M. Fergus of counsel), for New York City Health & Hospitals Corporation, defendant. Sedgwick, Detert, Moran & Arnold, New York City (Kathleen M. Faherty of counsel), for Beth Israel Medical Center — Kings Highway Division, defendant. DeBlasio, Figman & Epstein, P. C., New York City (Marc A. Ross of counsel), for plaintiff.

DAVID FRIEDMAN, J.

The issue presented by the instant motion concerns who is to be served with a notice of claim in a wrongful death action against the New York City Health and Hospitals Corporation (HHC). Resolution of the issue requires consideration of the interrelationship between section 7401 (2) of McKinney's Unconsolidated Laws of NY (New York City Health and Hospitals Corporation Act [HHCA] § 20...

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