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ARGUDO v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

2010-07711.

81 A.D.3d 575 (2011)

916 N.Y.S.2d 143

MARIA ARGUDO et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents.

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

Decided February 1, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to commencing an action against the defendant New York City Health and Hospitals Corporation (hereinafter the NYCHHC) (see McKinney's Uncons Laws of NY § 7401 [2] [L 1969, ch 1016, sec 1, § 20 (2), as amended by L 1990, ch 804, § 122]; General Municipal Law § 50-e [1] [a...

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