Henderson v. City of New York

Full title: MARION HENDERSON, Appellant, v. CITY OF NEW YORK et al., Respondents

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

Date published: Mar 23, 1999

259 A.D.2d 401 (N.Y. App. Div. 1999)

687 N.Y.S.2d 106

Opinion

March 23, 1999

Appeal from the Supreme Court, New York County (Joan Madden, J.).

Plaintiff failed to file a notice of claim with the New York City Health and Hospitals Corporation (HHC) pursuant to McKinney's Unconsolidated Laws of N Y 7401 (New York City Health and Hospitals Corporation Act § 20; L 1969, ch 1016, § 1, as amended) which is a condition precedent to commencing a suit for damages ( Davidson v. Bronx Mun. Hosp., 64 N.Y.2d 59). HHC is the proper party to be served with the notice and plaintiff's service of a notice of claim on the City of New York is insufficient to satisfy the notice requirement ( Ceely v. New York City Health Hosps. Corp., 162 A.D.2d 492). The letter sent by plaintiff to HHC requesting plaintiff's medical records does not constitute sufficient notice of the nature of plaintiff's specific claim, even when taken together with the medical records themselves and the surrounding circumstances. We have considered and rejected plaintiff's remaining contentions.

Concur — Rosenberger, J. P., Nardelli, Williams and Wallach, JJ.