Scantlebury v. New York City Health & Hospitals Corp.

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Spodek, J), dated May 22, 2003, which granted the *777defendant’s motion for summary judgment dismissing 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 upon the defendant New York City Health and Hospitals Corporation (hereinafter the NYCHHC) is a condition precedent to the commencement of a tort action against it pursuant to General Municipal Law § 50-e. Contrary to the plaintiff’s…