Nuss v. McCally

In an action to recover damages *680for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Hall, J.), dated October 12, 1999, which, upon renewal, granted the defendant’s motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action against the defendant who allegedly treated the plaintiff Frederick Nuss at the Nassau County Medical Center (hereinafter the Medical Center). The defendant moved to dismiss the complaint, inter alia, on the ground that the plaintiffs failed to serve a notice of claim as…