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IN THE MATTER OF ATTALLAH v. NASSAU UNIVERSITY MEDICAL CENTERAL

2014-02883

131 A.D.3d 609 (2015)

15 N.Y.S.3d 197

2015 NY Slip Op 06587

In the Matter of AHDY L. ATTALLAH, Appellant, v. NASSAU UNIVERSITY MEDICAL CENTER et al., Respondents.

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

Decided August 19, 2015.

Ordered that the order is affirmed, with costs.

Timely service of a notice of claim is a condition precedent to the commencement of a tort action against the respondents (see General Municipal Law §§ 50-e [1] [a]; § 50-i [1]; Public Authorities Law § 3415 [1]). The petitioner failed to serve a notice of claim upon the respondents within the requisite 90-day period (see General Municipal Law § 50-e [1] [a]). Although late service...

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