Smalls v. New York City Health & Hospitals Corp.

Order of the Supreme Court, New York County, entered March 18, 1975 granting petitioner’s motion for reargument and upon reargument adjudging that petitioner timely filed notice of claim with respondents, unanimously af*538firmed, without costs and without disbursements. In this proceeding, petitioner moved on September 6, 1974 for an order pursuant to section 50-e of the General Municipal Law granting leave to serve a notice of claim upon respondents or in the alternative declaring that the notice of claim served simultaneously with the motion was timely. We note, initially, that although…