Mullins v. East Haven Nursing & Rehabilitation Center, LLC

Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered May 28, 2008, which granted the motion of defendant New York City Health and Hospitals Corporation to dismiss plaintiff’s complaint, on the grounds that plaintiff failed to timely file a notice of claim, unanimously affirmed, without costs.

While plaintiffs decedent was still living, a notice of claim and an amended notice of claim, alleging medical malpractice, were filed more than 90 days after his last scheduled medical appointment. Thereafter, an action alleging conscious pain and suffering was brought on his behalf in…