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WADE v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

16 A.D.3d 677 (2005)

793 N.Y.S.2d 68

SHARITA WADE et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

March 28, 2005.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' assertion, the defendant was under no obligation to apprise the plaintiffs that their notice of claim had not been timely served upon it. Nor did the defendant's participation in the litigation prior to bringing its motion to dismiss preclude it from seeking dismissal on this ground since the failure to serve a timely notice of claim may be raised any time prior to trial (see Davis v City...

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