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MATTER OF NIEVES v. NEW YORK HEALTH AND HOSPITALS CORPORATION

34 A.D.3d 336 (2006)

825 N.Y.S.2d 40

In the Matter of LUZ NIEVES et al., Respondents, v. NEW YORK HEALTH AND HOSPITALS CORPORATION, Appellant.

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

Decided November 21, 2006.

The intent underlying the notice of claim requirement embodied in General Municipal Law § 50-e is to protect the municipality from unfounded claims and to ensure that it has an adequate opportunity to timely explore the merits of the claim while the facts are still "fresh" (Adkins v City of New York, 43 N.Y.2d 346, 350 [1977]; Torres v New York City Hous. Auth., 261 A.D.2d 273, 274...

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