Legal Opinion
Scantlebury v. New York City Health & Hospitals Corp.
New York Court of Appeals
Decided May 5, 2005PublishedCited by 34 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
The issue on this appeal is whether General Municipal Law § 50-e (3) (c) excuses plaintiffs failure to serve the New York City Health and Hospitals Corporation (HHC) with a timely notice of intention to commence an action, a statutory condition precedent to suit, because she served a timely notice on the Comptroller of the City of New York and he held a General Municipal Law § 50-h hearing to examine her claim. We hold that section 50-e (3) (c), which saves claims from dismissal on account of defects in the manner of service, does not excuse a plaintiffs failure to…
2Cases cited6 opinions
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Camarella v. East Irondequoit Central School BoardNew York Court of Appeals · 1974
- Adkins v. City of New YorkNew York Court of Appeals · 1977
- Munroe v. BoothNew York Court of Appeals · 1953
- Viruet v. City of New YorkNew York Court of Appeals · 2001
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Maxwell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- White v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
- Ballard v. HSBC BANK USANew York Court of Appeals · 2006
- Khela v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Urena v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2006
29 more not listed; retrieve them via the Exa API.