Stoll v. New York City Health & Hospitals Corp.

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Spodek, J.), dated February 10, 2003, which granted that branch of the defendant’s motion which was to dismiss the complaint pursuant to General Municipal Law § 50-e for failure to timely serve a notice of claim. The appeal brings up for review an order of the same court dated May 7, 2003, which, in effect, upon renewal and reargument, adhered to its original determination (see CPLR 5517 [b]).

Ordered that the appeal from the order dated February 10, 2003, is…