Gould v. New York City Health & Hospitals Corp.

OPINION OF THE COURT

Leonard N. Cohen, J.

Defendant moves to dismiss the complaint for failure of plaintiff to timely serve a notice of claim under General Municipal Law § 50-e. It is conceded that plaintiff’s injury occurred on December 12, 1981. The notice of claim was filed on April 28, 1982.

*329Plaintiff claims that her cause of action arises in medical malpractice and ordinary negligence and that she was under the continuous care and treatment of defendant from the date of the injury until April 26, 1982. Thus, plaintiff claims the notice of claim was timely as within the applicable Statute of…