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.