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PASTRANA v. CITY OF NEW YORK

262 A.D.2d 53 (1999)

691 N.Y.S.2d 435

EVA PASTRANA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 8, 1999.

The action was properly dismissed because plaintiff's notice of claim contained deliberately false information identifying plaintiff as "Eva Pastrana, a/k/a Marlene Fuentes", when, in fact, the only time plaintiff was ever known as Marlene Fuentes was when she used the latter's Medicaid card to obtain coverage for the breast implant surgery underlying the instant action for malpractice. Plaintiff will not be heard to argue that...

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