Merced v. New York City Health & Hospitals Corp.

Order, Supreme Court, New York County, entered March 3, 1976, which denied the plaintiffs’ motion to dismiss the defendant’s affirmative defense that the action is barred because of failure to file a timely notice of claim, reversed, on the law, and the motion granted, without costs and without disbursements. In September, 1971, the female plaintiff underwent a laparascopic bilateral tubal ligation, more commonly known as a sterilization operation, at Metropolitan Hospital operated by the defendant corporation. In November, 1973, with a history of intra-abdominal bleeding and complaints of…