Legal Opinion

De La Cruz v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 2, 1995PublishedCited by 8 opinions

1Opinion of the Court

—Resettled order, Supreme Court, Bronx County (Douglas McKeon, J.), entered September 26, 1994, which, inter alia, granted the motion of *169defendants City of New York and New York City Health and Hospitals Corp. to dismiss the complaint, unanimously affirmed, without costs.

As plaintiffs did not seek to amend the notice of claim within the one-year-and-90-day period of limitations, the complaint was properly dismissed (Pierson v City of New York, 56 NY2d 950). Plaintiffs’ effort to change the name of the allegedly negligent hospital from that designated in the original notice of claim, more than…

2Cases cited4 opinions

  1. Pierson v. City of New YorkNew York Court of Appeals · 1982
  2. Bourguignon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
  3. Chikara v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1960
  4. Capalbo v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by8 opinions

  1. Mahase v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
  2. Wollins v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2004
  3. Lomax v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Kokkinos v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  5. Nacipucha v. City of New YorkNew York Supreme Court · 2008

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