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MANDEL v. NEW YORK CITY HEALTH AND HOSPITALS CORP.

43 A.D.3d 1005 (2007)

841 N.Y.S.2d 468

TERESA MANDEL, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORP. et al., Respondents, et al., Defendant.

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

Decided September 18, 2007.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action, inter alia, to recover damages for wrongful death. However, the plaintiff failed to serve a notice of claim within 90 days of being appointed a representative of the decedent's estate (see General Municipal Law § 50-e [1] [a]; EPTL 1-2.13; SCPA 703 [2]; cf. Mack v City of New York, 265 A.D.2d 308 [1999]). Further, the plaintiff...

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