Bender v. New York City Health & Hospitals Corp.

In a negligence and medical malpractice action, defendant New York City Health and Hospitals Corporation appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County, dated September 28, 1973, as granted the branches of plaintiffs’ motion which sought leave to serve an amended notice of claim upon appellant and to strike the first affirmative defense contained in appellant’s answer. Order reversed insofar as appealed from, without costs, and above-mentioned branches of plaintiffs’ motion denied. Plaintiffs served their notice of claim upon the City of New…