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WILLIAMS v. CITY OF NEW YORK

3030, 104676/07.

74 A.D.3d 548 (2010)

905 N.Y.S.2d 23

JAMES WILLIAMS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 15, 2010.

Plaintiff, by his own admission, served the New York City Comptroller rather than HHC within one year and 90 days after his treatment at the Bellevue dental clinic. However, service on the Comptroller does not constitute service on HHC (see Scantlebury v New York City Health & Hosps. Corp., 4 N.Y.3d 606 [2005]). Since service of the notice of claim on the proper entity is a condition precedent to suit (see id. at...

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