Legal Opinion
Hoops v. Director
Appellate Terms of the Supreme Court of New York
Decided July 19, 2010Published
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order, dated July 15, 2009, reversed, without costs, the determination of the motion vacated, and matter remanded for a hearing on whether plaintiff is entitled to a toll under CPLR 208 and a new determination of defendant’s motion to dismiss.
A precondition to a lawsuit against defendant, a facility operated by the New York City Health and Hospitals Corporation, is service by plaintiff of a notice of intention to commence an action (i.e., a notice of claim) (see McKinney’s Uncons Laws of NY § 7401 [2] [New York City Health and Hospitals Corporation Act § 20 (2), added by L…
3Cases cited10 opinions
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
- Daniel J. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1991
- Barnes v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1984
- Scantlebury v. New York City Health & Hospitals Corp.New York Court of Appeals · 2005
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