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Cullins v. Feffer

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1995
220 A.D.2d 554 (N.Y. App. Div. 1995)

Opinion

October 16, 1995

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


Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the plaintiff's application for leave to serve a late notice of claim nunc pro tunc upon the defendant New York City Health and Hospitals Corporation. Contrary to the plaintiff's contentions, his failure to serve a timely notice of claim was not due to any acts of the defendant New York City Health and Hospitals Corporation that were sufficient to allow the invocation of the doctrine of equitable estoppel (see, Hochberg v. City of New York, 99 A.D.2d 1028, 1029, affd 63 N.Y.2d 665; Matter of Hamptons Hosp. Med. Ctr. v Moore, 52 N.Y.2d 88, 93-94, n 1; Cabreaja v. New York City Health Hosps. Corp., 201 A.D.2d 319; Rodriguez v. City of New York, 169 A.D.2d 532, 533; see also, Rivera v. City of New York, 205 A.D.2d 744; Macias v. City of New York, 201 A.D.2d 541; Manning v New York City Health Hosps. Corp., 199 A.D.2d 478; Taverna v City of New York, 166 A.D.2d 314, 315; cf., Ceely v. New York City Health Hosps. Corp., 162 A.D.2d 492).

The plaintiff's remaining contentions are without merit. Thompson, J.P., Altman, Goldstein and Florio, JJ., concur.


Summaries of

Cullins v. Feffer

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1995
220 A.D.2d 554 (N.Y. App. Div. 1995)
Case details for

Cullins v. Feffer

Case Details

Full title:HERBERT CULLINS, Appellant, v. MICHAEL FEFFER et al., Respondents

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

Date published: Oct 16, 1995

Citations

220 A.D.2d 554 (N.Y. App. Div. 1995)
633 N.Y.S.2d 963

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