BANKSON v. WESTCHESTER MEDICAL CENTER


5 A.D.3d 617 (2004)

774 N.Y.S.2d 783

TAMARA BANKSON, Appellant, v. WESTCHESTER MEDICAL CENTER, Respondent.

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

March 22, 2004.


Ordered that the order is affirmed, with costs.

The plaintiff contends that her service of process upon the wrong governmental entity should have been excused. Such an error can be excused provided that a prompt application for relief is made after discovery of the error. In this case, however, even upon her motion for leave to renew, the plaintiff produced no proof that she served a notice of claim upon the proper party, the Westchester County Health Care Corporation...

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