Opinion
No. 4561.
November 18, 2008.
Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered July 27, 2007, which granted defendant's motion to dismiss the complaint for failure to serve a notice of claim, unanimously affirmed, without costs.
Pollack Pollack Isaac DeCicco, New York (Brian J. Isaac of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), for respondent.
Saxe, J.P., Nardelli, Moskowitz, Renwick and Freedman, JJ.
General Municipal Law § 50-e (3) (c) "does not excuse a plaintiffs failure to serve a timely notice of claim on the correct public entity, which is what happened here when plaintiff served [his] notice on the Comptroller rather than HHC" ( Scantlebury v New York City Health Hosps. Corp., 4 NY3d 606, 608).
Nor does the alleged agreement with a Corporation Counsel attorney constitute either a waiver of the notice of claim requirement ( see Badgett v New York City Health Hosps. Corp., 227 AD2d 127, 128) or a ground for application of the doctrine of equitable estoppel against HHC ( see Hochberg v City of New York, 99 AD2d 1028, affd 63 NY2d 665).