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NUSS v. McCALLY

276 A.D.2d 679 (2000)

714 N.Y.S.2d 523

FREDERICK NUSS et al., Appellants, v. DANIEL S. McCALLY, Respondent.

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

Decided October 23, 2000.

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action against the defendant who allegedly treated the plaintiff Frederick Nuss at the Nassau County Medical Center (hereinafter the Medical Center). The defendant moved to dismiss the complaint, inter alia, on the ground that the plaintiffs failed to serve a notice of claim as required by General Municipal Law § 50-d (2). The defendant contends that the notice of claim requirement...

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