Baker v. New York City Health & Hospitals Corp.

This is a proceeding brought by an administrator pursuant to section 50-e of the General Municipal Law for leave to serve a late notice of claim on the defendant, New York City Health and Hospitals Corporation. Since the relief requested referred to two distinct causes of action, wrongful death and conscious pain and suffering, the first two paragraphs of subdivision 5 come into play (General Municipal Law, § 50-e, subd 5, pars [1], [2]).

With respect to the wrongful death action, the Appellate Division properly affirmed the denial of relief because that cause of action accrued to the personal…