Mercado v. New York City Health & Hospitals Corp.

I respectfully dissent and vote to affirm. The majority, connoting the Corporation Counsel’s appearance *60at the hearing conducted pursuant to General Municipal Law § 50-h to be representation of defendant Health and Hospitals Corporation (HHC) as the only named defendant, despite that attorney’s appearance on behalf of New York City, relies on the savings clause of General Municipal Law § 50-e (3) (c) to overcome the plaintiffs failure to serve HHC with a notice of claim.

Section 50-e (3) (c) states that if “notice is served within the period specified by this section, but in a manner not in…