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Stanfield v. Nohejl

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 24, 1992
182 A.D.2d 1138 (N.Y. App. Div. 1992)

Opinion

April 24, 1992

Appeal from the Supreme Court, Erie County, Wolf, Jr., J.

Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant Vaddadi's motion to dismiss plaintiffs' complaint based upon their failure to comply with General Municipal Law §§ 50-e and 50-i. On this record, it is uncontroverted that, at the time of the surgical procedure alleged in the complaint, defendant was a resident physician at the Erie County Medical Center and as such was entitled to the protection of General Municipal Law § 50-d. Inasmuch as plaintiffs failed to file a notice of claim pursuant to General Municipal Law § 50-e and failed to commence this action within the 1 year and 90 day limitations period provided for in General Municipal Law § 50-i, their complaint against defendant must be dismissed (see, Mort v Andersen, 181 A.D.2d 1080).


Summaries of

Stanfield v. Nohejl

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 24, 1992
182 A.D.2d 1138 (N.Y. App. Div. 1992)
Case details for

Stanfield v. Nohejl

Case Details

Full title:MARJORIE STANFIELD et al., Respondents, v. BRUCE M. NOHEJL, Defendant, and…

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

Date published: Apr 24, 1992

Citations

182 A.D.2d 1138 (N.Y. App. Div. 1992)

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