Abad v. New York City Health & Hospitals Corp.

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered January 6, 1994, which in an action for wrongful death and conscious pain and suffering, granted defendants’ motion to dismiss the cause of action for conscious pain and suffering for failure to file a timely notice of claim, and denied plaintiff’s cross-motion for an order granting leave to serve a late notice of claim as to *343that cause of action or, in the alternative, deeming the notice of claim previously served as timely, unanimously affirmed, without costs.

Since plaintiffs application for leave to file a late notice of…