Legal Opinion
Stallworth v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 1997PublishedCited by 11 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Bellard, J.), entered October 7, 1996, which granted the defendant’s motion to dismiss the complaint for failure to serve a timely notice of claim.
Ordered that the order is affirmed, with costs.
Service of a notice of claim pursuant to General Municipal Law § 50-e and McKinney’s Unconsolidated Laws of NY § 7401 is a condition precedent to a lawsuit against a municipal corporation, in the same way as is service of a summons on the municipal…
2Cases cited5 opinions
- Davidson v. Bronx Municipal HospitalNew York Court of Appeals · 1984
- Barchet v. New York City Transit AuthorityNew York Court of Appeals · 1967
- Ceely v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Campbell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Kroin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by11 opinions
- Barnaman v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Hazell v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Robles v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Benzinger v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2001
- Viruet v. City of New YorkNew York Supreme Court · 1999
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