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McGRIFF v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

38 A.D.3d 504 (2007)

831 N.Y.S.2d 486

KARL McGRIFF et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, et al., Appellants.

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

Decided March 6, 2007.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion to dismiss the complaint for failure to serve a timely notice of claim is granted.

Prior to commencing this action to recover damages for medical malpractice, the plaintiffs neither served a timely notice of claim upon the defendants, as required by statute, nor sought leave, within the relevant one-year-and-90-day limitations period,...

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