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SCANTLEBURY v. NYCHHC

4 N.Y.3d 606 (2005)

830 N.E.2d 292

797 N.Y.S.2d 394

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

Court of Appeals of the State of New York.

Decided May 5, 2005.

Attorney(s) appearing for the Case

Law Offices of Joseph M. Lichtenstein, P.C., Mineola (Joseph Lichtenstein and Elliot Lewis of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Larry A. Sonnenshein and Leonard Koerner of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur.

OPINION OF THE COURT

READ, J.

The issue on this appeal is whether General Municipal Law § 50-e (3) (c) excuses plaintiff's failure to serve the New York City Health and Hospitals Corporation (HHC) with a timely notice of intention to commence an action, a statutory condition precedent to suit, because she served a timely notice on the Comptroller of the City of New York and he held a General Municipal Law ...

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