Ranegas-Nobles v. New York City Health & Hospitals Corp.

Sullivan and Wallach, JJ.,

dissent in a memorandum by Wallach, J., as follows: I would affirm the order appealed from.

General Municipal Law § 50-e (1) (a) requires that tort claims against a public corporation must be noticed within 90 days after the claim arises, except that in a wrongful death action, the 90 days runs from the appointment of the decedent’s representative. Petitioner Banegas-Nobles received letters of administration on the goods, chattels and credits of her decedent mother on January 16, 1991.

Because the notice of claim was untimely with respect to that portion alleging…