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SCANTLEBURY v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

7 A.D.3d 776 (2004)

776 N.Y.S.2d 869

JANET O. SCANTLEBURY, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

May 24, 2004.

Ordered that the order is affirmed, with costs.

Service of a notice of claim upon the defendant New York City Health and Hospitals Corporation (hereinafter the NYCHHC) is a condition precedent to the commencement of a tort action against it pursuant to General Municipal Law § 50-e. Contrary to the plaintiff's contention, her service of a notice of claim upon the Office of the Comptroller of the City of New York was insufficient to constitute service upon the...

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