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ZARATE v. NASSAU COUNTY MEDICAL CENTER

9 A.D.3d 427 (2004)

781 N.Y.S.2d 39

KATHRYN ZARATE, Respondent, v. NASSAU COUNTY MEDICAL CENTER et al., Appellants.

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

July 19, 2004.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants' motion to dismiss the complaint should have been granted because the plaintiff failed to serve a timely notice of claim (see Mills v County of Monroe, 59 N.Y.2d 307 [1983], cert denied 464 U.S. 1018 [1983]; Sebastian v New York City Health & Hosps. Corp....

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