Pedrero v. Moreau

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, defendants’ motion for summary judgment granted, and the certified question answered in the negative.

Plaintiff, born June 3, 1970 at Morrisania Hospital in New York City, commenced this malpractice action against six physicians for injuries allegedly sustained as a result of a negligently induced premature birth. Morrisania was operated by the City of New York until July 1, 1970, when control was transferred to the New York City Health and Hospitals Corporation (HHC).

In 1982, a notice of claim…