Legal Opinion
Mercado v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided September 3, 1998PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
The issue we are asked to consider is the circumstances under which the saving provision contained in General Municipal Law § 50-e may be applied.
A notice of claim, correctly naming New York City Health and Hospitals Corporation (HHC) as defendant, was incorrectly served by plaintiff upon the Comptroller of the City of New York on March 12, 1991 (within the 90-day period for service of a notice of tort claim upon a public corporation required by General Municipal Law § 50-e), rather than, as required, on an authorized representative of HHC. Nevertheless, on or…
2Cases cited5 opinions
- Kroin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Adams v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
- Badgett v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Alford v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Alford v. City of New YorkNew York Court of Appeals · 1986
3Cited by4 opinions
- Scantlebury v. New York City Health & Hospitals Corp.New York Court of Appeals · 2005
- Cottiers v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Latonero v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Scantlebury v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2004