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HENDERSON v. CITY OF NEW YORK

259 A.D.2d 401 (1999)

687 N.Y.S.2d 106

MARION HENDERSON, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 23, 1999.

Plaintiff failed to file a notice of claim with the New York City Health and Hospitals Corporation (HHC) pursuant to McKinney's Unconsolidated Laws of NY 7401 (New York City Health and Hospitals Corporation Act § 20; L 1969, ch 1016, § 1, as amended) which is a condition precedent to commencing a suit for damages (Davidson v Bronx Mun. Hosp., 64 N.Y.2d 59). HHC is the proper party to be served with the notice and plaintiff...

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