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PLAZA v. NEW YORK HEALTH & HOSPS. CORP. (JACOBI MED. CTR.)

6900, 6004/07.

97 A.D.3d 466 (2012)

949 N.Y.S.2d 25

2012 NY Slip Op 5598

MIA PLAZA, an Infant, by Her Mother and Natural Guardian, CLARIBEL RODRIGUEZ, Appellant, v. NEW YORK HEALTH AND HOSPITALS CORPORATION (JACOBI MEDICAL CENTER), Respondent.

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

July 17, 2012.

We affirm dismissal of the complaint, but for reasons other than those stated by the motion court. Specifically, we find that the complaint should have been dismissed because plaintiff failed to comply with the 90-day time period specified in General Municipal Law § 50-e, which is a condition precedent to maintaining an action against HHC (see Plummer v New York City Health & Hosps. Corp., 98 N.Y.2d 263, 267 [2002]).

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