Goodwin v. Pretorius

OPINION OF THE COURT

John M. Curran, J.

Before the court is defendant doctors Lilani, Bognanno, Sapico, Ayanbadejo and Puppala’s motion to dismiss the claims against them for plaintiffs failure to timely serve a notice of claim as required by General Municipal Law § 50-e. Doctors Lilani, Bognanno, Sapico, Ayanbadejo and Puppala all were residents employed at Erie County Medical Center (ECMC) at the time of the alleged malpractice (doctors Lilani, Bognanno, Sapico, Ayanbadejo and Puppala are hereinafter referred to as the resident doctors). Although it is undisputed that plaintiff timely served…