Plaza v. New York City Health & Hospitals Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. The certified question should not be answered on the ground that it is unnecessary.

Plaintiff admittedly served a late notice of claim against defendant without seeking leave of court.

General Municipal Law § 50-e (1) requires that a claimant serve a notice of claim against a public corporation within 90 days after a tort claim arises. However, section 50-e (5) provides that a court, “in its discretion,” may grant an application extending the time to serve a notice of claim as long as the…