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IRIZARRY v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

268 A.D.2d 321 (2000)

701 N.Y.S.2d 399

TEODORA IRIZARRY, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided January 20, 2000.

In March 1992, defendant New York City Health and Hospitals Corporation (NYCHHC) moved to dismiss the complaint in this medical malpractice action on the ground of failure to serve a timely notice of claim. The plaintiff opposed the motion, alleging continuous treatment which rendered her claim timely. On March 20, 1995, three years later, the IAS Court denied the motion, finding issues of fact as to whether the plaintiff had been continuously treated during the period November...

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