Altabe v. City of New York

Full title: AGRIPINA ALTABE et al., Appellants, v. CITY OF NEW YORK et al.…

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

Date published: Aug 2, 1999

264 A.D.2d 373 (N.Y. App. Div. 1999)

694 N.Y.S.2d 105

Opinion

August 2, 1999.

Appeal from the Supreme Court, Kings County (Steinhardt, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted summary judgment to the defendant New York City Health and Hospitals Corporation, d/b/a Emergency Medical Services (hereinafter NYCHHC), since the plaintiffs failed to serve a notice of claim on a director or officer of NYCHHC as mandated by McKinney's Unconsolidated Laws of N Y § 7401 (New York City Health and Hospitals Corporation Act § 20; L 1969, ch 1016, § 1, as amended; see, Stallworth v. New York City Health Hosps. Corp., 243 A.D.2d 704; Ceely v. New York City Health Hosps. Corp., 162 A.D.2d 492).

The Supreme Court also properly granted summary judgment to the defendant City of New York, since it did not operate or control the Emergency Medical Services ambulance which was involved in the accident that allegedly caused the plaintiff Agripina Altabe's injuries.

Mangano, P. J., O'Brien, Sullivan and Goldstein, JJ., concur.