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SPENCE v. CITY OF NEW YORK

290 A.D.2d 501 (2002)

736 N.Y.S.2d 260

MARLENE SPENCE, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 22, 2002.

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint against the defendant New York City Health and Hospitals Corporation sued herein as Queens General Hospital (hereinafter NYCHHC) since it was without authority to permit the filing of a late notice of claim against NYCHHC beyond the expiration of the statute of limitations (see, Pierson v City of New York, 56 N.Y.2d 950).

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