Hill v. New York City Health & Hospitals Corp.

Friedman, J.P., and Andrias, J.,

concur in a separate memorandum by Andrias, J., as follows: In this medical malpractice action, plaintiff alleges that the failure of Lincoln Hospital’s staff to diagnose and treat blood clots caused her right leg to be amputated above the knee. In the order on appeal, the motion court granted defendant’s motion to dismiss the complaint, finding that plaintiff’s notice of claim served on January 25, 2006 was untimely under the 90-day statutory deadline of General Municipal Law § 50-e (1) because the last date of treatment was October 19, 2005 and there “is no…