Stephens v. Department of Health

This is an action for malpractice against the Orange County Chest Clinic, its supervising bodies: The Department of Health and Board of Supervisors of Orange County, and Dr. Krasnitz who is the Director of the Chest Clinic. The municipal defendants were served with a notice of claim but the defendant doctor was served with only a summons and complaint. The doctor now moves to dismiss the action against him on the ground that it is precluded by plaintiffs’ failure to serve a notice of claim upon him pursuant to sections 50-d and 50-e of the General Municipal Law and subdivision 2 of section 52…