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PALES v. NEW YORK CITY HEALTH & HOSPS. CORP.

2020-03364. Index No. 523220/16.

216 A.D.3d 807 (2023)

189 N.Y.S.3d 551

2023 NY Slip Op 02529

Vitaly Pales, as Administrator of the Estate of Raisa Pales, Deceased, et al., Respondents v. New York City Health and Hospitals Corporation et al., Appellants, et al., Defendants.

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

Decided May 10, 2023.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Scott Shorr and Lorenzo Di Silvio of counsel), for appellants.

McCarney Law P.C., New York, NY ( James G. McCarney of counsel), for respondents.

Barros, J.P., Maltese, Zayas and Dowling, JJ., concur.

In an action to recover damages for medical malpractice and wrongful death, etc., the defendants New York City Health and Hospitals Corporation and Coney Island Hospital appeal from an order of the Supreme Court, Kings County (Marsha L. Steinhardt, J.), dated February 21, 2020. The order, insofar as appealed from, denied those defendants' motion to dismiss the amended complaint insofar as asserted against them for failure to serve a timely notice of claim.

Ordered...

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