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DOMENA v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

259 A.D.2d 462 (1999)

686 N.Y.S.2d 66

ROXANNE DOMENA, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Appellants.

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

Decided March 1, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

As the plaintiff failed to serve a notice of claim within 90 days of the accrual of her cause of action, and never sought permission to serve a late notice of claim (see, General Municipal Law § 50-e; McKinney's Uncons Laws of NY § 7401 [2]), her complaint could only be saved by application of the continuous treatment doctrine. However...

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