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LOPEZ v. LINCOLN HOSPITAL

272 A.D.2d 275 (2000)

709 N.Y.S.2d 398

ANA LOPEZ, Appellant, v. LINCOLN HOSPITAL et al., Respondents.

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

Decided May 30, 2000.

The motion court was without discretion to permit plaintiff to file a late notice of claim since plaintiff's motion for permission to file a late notice of claim was not made (see, CPLR 2211) until more than one year and 90 days beyond the accrual of her cause of action (see, General Municipal Law § 50-e [5]; § 50-i [1]; Pierson v City of New York, 56 N.Y.2d 950; Abad v New York City Health & Hosps...

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