Opinion
2002-01918
Submitted February 28, 2003.
April 14, 2003.
In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Patterson, J.), dated January 23, 2002, which granted the motion of the defendant New York City Health Hospitals Corp., to dismiss the complaint insofar as asserted against it for failure to serve a notice of claim.
Derrick G. Arjune, Brooklyn, N.Y., for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Larry A. Sonnenshein of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., SANDRA L. TOWNES, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiff's contention, her service of a notice of claim upon the Comptroller of the City of New York was insufficient to constitute service upon the defendant New York City Health Hospitals Corp. (hereinafter HHC) (see McKinney's Uncons Laws of N.Y. § 7401; Hazell v. New York City Health Hosps. Corp., 290 A.D.2d 533; Henderson v. City of New York, 259 A.D.2d 401; Stallworth v. New York City Health and Hosps. Corp., 243 A.D.2d 704; Oxley v. City of New York, 240 A.D.2d 643; cf. Viruet v. City of New York, 97 N.Y.2d 171). Accordingly, the Supreme Court properly granted HHC's motion to dismiss the complaint insofar as asserted against it for failure to properly serve a notice of claim.
KRAUSMAN, J.P., TOWNES, CRANE and MASTRO, JJ., concur.