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MULLINS v. EAST HAVEN NURSING & REHABILITATION CTR., LLC

1282, 401399/06.

66 A.D.3d 578 (2009)

886 N.Y.S.2d 602

2009 NY Slip Op 7673

GINA MULLINS, as Administratix of the Estate of LEROY HANSEL MULLINS, Deceased, Appellant, v. EAST HAVEN NURSING and REHABILITATION CENTER, LLC, Individually and Doing Business as East Haven Nursing and Rehabilitation Center, et al., Defendants, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided October 27, 2009.

While plaintiff's decedent was still living, a notice of claim and an amended notice of claim, alleging medical malpractice, were filed more than 90 days after his last scheduled medical appointment. Thereafter, an action alleging conscious pain and suffering was brought on his behalf in the name of a guardian.

The 73-year-old decedent died on May 23, 2005. However, plaintiff had not only failed to timely file a notice of claim, but never made an application for leave...

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