Abad v. New York City Health & Hospitals Corp.

Full title: JUAN A. ABAD, as Administrator of the Estate of YESEVIA ABAD, Also Known…

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

Date published: Apr 6, 1995

214 A.D.2d 342 (N.Y. App. Div. 1995)

625 N.Y.S.2d 880

Opinion

April 6, 1995

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).

Since plaintiff's application for leave to file a late notice of claim for his decedent's conscious pain and suffering was not made until more than one year and 90 days after the alleged malpractice, the IAS Court was without discretion to excuse the failure to file a notice of claim within 90 days of the alleged malpractice, and the cause of action for conscious pain and suffering was properly dismissed (Pierson v City of New York, 56 N.Y.2d 950; Gibbons v City of Troy, 91 A.D.2d 707).

Concur — Sullivan, J.P., Wallach, Nardelli, Williams and Mazzarelli, JJ.