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JONES SR. v. CITY OF NEW YORK

300 A.D.2d 359 (2002)

751 N.Y.S.2d 522

ROBERT JONES, SR., et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided December 9, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

Service of a notice of claim against the New York City Health and Hospitals Corporation (hereinafter HHC) is a condition precedent to the commencement of a tort action against it and its member hospitals (see General Municipal Law § 50-e; McKinney's Unconsolidated Laws of NY § 7401; Davidson v Bronx Mun. Hosp., 64 N.Y.2d 59, 61; Hazell...

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