RIABAIA v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

2018-00133, Index No. 502901/17.

170 A.D.3d 1062 (2019)

96 N.Y.S.3d 157

2019 NY Slip Op 02136

Musya Riabaia, Appellant, v. New York City Health and Hospitals Corporation, Respondent.

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

Decided March 20, 2019.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the defendant's motion to dismiss the complaint for failure to comply with General Municipal Law § 50-h is denied.

On April 8, 2016, the plaintiff, who was in her late 80s, allegedly fell and sustained personal injuries when she was a patient at Coney Island Hospital in Brooklyn. On April 27, 2016, the plaintiff served a notice of claim upon the defendant. On or...

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