Legal Opinion
Reyes v. Duffy
New York Supreme Court
Decided April 7, 1994Published
1Opinion of the Court
OPINION OF THE COURT
Stanley L. Sklar, J.
This motion presents the novel issue of whether a plaintiff’s *625time to file a notice of claim against the New York City Health and Hospitals Corporation (HHC) can be extended by continuous treatment rendered by HHC after the plaintiff has already served HHC with a summons and complaint. I hold that it cannot.
HHC moves pursuant to CPLR 3211 (a) (7) and 3212 for an order dismissing the complaint in that plaintiff has failed to comply with the notice of claim provisions of McKinney’s Unconsolidated Laws of NY § 7401 (New York City Health and Hospitals…
2Cases cited8 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Nykorchuck v. HenriquesNew York Court of Appeals · 1991
- Greene v. GreeneNew York Court of Appeals · 1982
- Brennan v. City of New YorkNew York Court of Appeals · 1983
- Ceely v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1990
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