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MERCADO v. NYCHHC

247 A.D.2d 55 (1998)

677 N.Y.S.2d 314

Paula Mercado, Individually and as Administratrix of The Estate of Pedro Mercado, Deceased, Appellant, v. New York City Health and Hospitals Corporation, Respondent

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

September 3, 1998

Attorney(s) appearing for the Case

Henry R. Simon, White Plains, for appellant.

Susan Choi-Hausman of counsel (Elizabeth S. Natrella on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for respondent.

ELLERIN, J. P., WALLACH and MAZARELLI, JJ., concur with SAXE, J.; TOM, J., dissents in a separate opinion.

SAXE, J.

The issue we are asked to consider is the circumstances under which the saving provision contained in General Municipal Law § 50-e may be applied.

A notice of claim, correctly naming New York City Health and Hospitals Corporation (HHC) as defendant, was incorrectly served by plaintiff upon the Comptroller of the City of New York on March 12, 1991 (within the 90-day period for service of...

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