Abad v. New York City Health & Hospitals Corp.

Judgment, Supreme Court, Bronx County (Douglas E. Mc-Keon, J), entered November 18, 2010, dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered October 26, 2010, which denied plaintiffs motion addressed to his notice of claim and granted defendant’s cross motion to dismiss the complaint, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiff appeals from the motion court’s denial of his motion under General Municipal Law § 50-e (5) for leave to serve a late notice of claim on defendant for alleged…