Cottiers v. New York City Health & Hospitals Corp.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about December 4, 2001, which, in an action for medical malpractice, granted defendants’ motion to dismiss the complaint for failure to serve a notice of claim, unanimously affirmed, without costs.

The action was properly dismissed on the ground that plaintiff never served the late notice of claim she was granted leave to serve. In any event, the action would have to be *188dismissed even if the court that granted the leave motion, which was made in the context of plaintiff’s already commenced action naming North Central…