From Casetext: Smarter Legal Research

Stallworth, v. N.Y. City Hosp Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 704 (N.Y. App. Div. 1997)

Opinion

October 27, 1997

Appeal from Supreme Court, Kings County (Bellard, J.)


Ordered that the order is affirmed, with costs.

Service of a notice of claim pursuant to General Municipal Law 50-e and McKinney's Unconsolidated Laws of N.Y. 7401 is a condition precedent to a lawsuit against a municipal corporation, in the same way as is service of a summons on the municipal corporation ( see, Davidson v. Bronx Mun. Hosp., 64 N.Y.2d 59, 61; Barchet v. New York City Tr. Auth., 20 N.Y.2d 1, 6). Service of the notice of claim on the Comptroller of the City of New York is insufficient to constitute service on the defendant New York City Health and Hospitals Corporation (hereinafter NYCHHC), the proper party to be served ( see, Kroin v. City of New York, 210 A.D.2d 95; Ceely v. New York City Health Hosps. Corp., 162 A.D.2d 492; Campbell v. City of New York, 203 A.D.2d 504). The lack of service here was not cured by the participation of NYCHHC in the General Municipal Law § 50-h hearing or by the provisions of General Municipal Law § 50-e (3) (c) ( see, Kroin v. City of New York, supra, at 96; Ceely v. New York City Health Hosps. Corp., supra, at 493).

Rosenblatt, J.P., Ritter, Krausman and Florio, JJ., concur.


Summaries of

Stallworth, v. N.Y. City Hosp Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 704 (N.Y. App. Div. 1997)
Case details for

Stallworth, v. N.Y. City Hosp Corp.

Case Details

Full title:GEORGE STALLWORTH, Deceased, Appellant, v. NEW YORK CITY HEALTH AND…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 27, 1997

Citations

243 A.D.2d 704 (N.Y. App. Div. 1997)
663 N.Y.S.2d 287

Citing Cases

Viruet v. City of New York

Defendants, also rely on Robles v. City of New York, 251 A.D.2d 485, 674 N.Y.S.2d 422 (2d Dep't 1998), lv…

Mejía v. N.Y.C. Health & Hosps. Corp.

The New York Court of Appeals has made clear that service of a notice of claim on the City Comptroller's…