Legal Opinion

Rodriguez v. City of New York

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

Decided January 22, 1991PublishedCited by 27 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Lewis R. Friedman, J.), entered September 8, 1989, which denied the motion of defendants, City of New York and New York City Health and Hospitals Corporation (NYCHHC), to dismiss plaintiffs claim for conscious pain and suffering pursuant to CPLR 3211 (a) (7) on the ground that plaintiff had failed to serve a timely notice of claim, unanimously reversed, on the law, without costs or disbursements, and the motion granted. The clerk is directed to enter judgment in favor of defendant dismissing plaintiffs cause of action alleging conscious pain and suffering.

Th…

2Cases cited7 opinions

  1. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  2. Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981
  3. Glamm v. City of AmsterdamNew York Court of Appeals · 1980
  4. Nicholas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
  5. Hochberg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984

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3Cited by27 opinions

  1. Yang Feng Zhao v. City of New YorkDistrict Court, S.D. New York · 2009
  2. Davis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  3. Annunziato v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  4. Hey v. Town of NapoliAppellate Division of the Supreme Court of the State of New York · 1999
  5. Wilson v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2002

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