JIANG v. WEI

3872. 805172/13.

151 A.D.3d 555 (2017)

2017 NY Slip Op 04896

54 N.Y.S.3d 278

JIANFENG JIANG, Appellant, et al., Plaintiff, v. XUE CHAO WEI, Defendant, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided June 15, 2017.


In this medical malpractice action, plaintiff alleges that defendants were negligent in failing to timely diagnose a cancerous wound on his left leg. The motion court properly granted HHC's motion to dismiss the claims based on conduct occurring prior to May 8, 2012, since plaintiff failed to file a timely notice of claim, in violation of General Municipal Law § 50-e (1) (a).

Plaintiff was discharged from an HHC hospital in November 2010 and did not return to...

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