Legal Opinion

Kroin v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 1994PublishedCited by 17 opinions

1Opinion of the Court

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered April 19, 1993, *96which granted defendants’ motion to dismiss the complaint for failure to serve a notice of claim upon defendant New York City Health and Hospitals Corporation (HHC), and order, same court and Justice, entered January 7, 1994, which, inter alia, denied plaintiff’s motion for renewal, unanimously affirmed, without costs.

Defendants were under no duty to raise plaintiff’s failure to serve a notice of claim on defendant HHC as an affirmative defense, or otherwise bring to plaintiff’s attention that defendant City of…

2Cases cited4 opinions

  1. McDermott v. TorreNew York Court of Appeals · 1982
  2. Ceely v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Adams v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
  4. Rieara v. City of New York Department of Parks & RecreationAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by17 opinions

  1. Bernstein v. 1995 AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
  2. Badgett v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Rosario v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  4. Stallworth v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Platzman v. MunnoAppellate Division of the Supreme Court of the State of New York · 2001

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