Opinion
2001-03247
Submitted January 11, 2002.
January 28, 2002.
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Patterson, J.), dated March 9, 2001, which granted the motion of the defendants New York City Health Hospitals Corp. and Kings County Hospital to dismiss the complaint insofar as asserted against them for failure to properly serve a notice of claim.
Monica A. Hazell, Brooklyn, N.Y., appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Elizabeth S. Natrella of counsel), for respondents.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed, with costs.
Service of a notice of claim upon the respondent New York City Health Hospitals Corp. (hereinafter HHC) is a condition precedent to the commencement of a tort action against it and its member hospitals (see, General Municipal Law § 50-e; McKinney's Uncons Laws of N.Y. § 7401; Davidson v. Bronx Mun. Hosp., 64 N.Y.2d 59, 61). Contrary to the plaintiff's contention, her service of a notice of claim upon the Office of the Comptroller of the City of New York was insufficient to constitute service upon the HHC (see, Henderson v. City of New York, 259 A.D.2d 401; Stallworth v. New York City Health 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, N.Y.2d [Nov. 20, 2001]). Accordingly, the Supreme Court properly granted the respondents' motion to dismiss the complaint insofar as asserted against them for failure to properly serve a notice of claim.
KRAUSMAN, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.