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Lopez v. Lincoln Hospital

Appellate Division of the Supreme Court of New York, First Department
May 30, 2000
272 A.D.2d 275 (N.Y. App. Div. 2000)

Opinion

May 30, 2000.

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered October 27, 1997, which, in this medical malpractice action, denied plaintiff's application to serve and file a late notice of claim, unanimously affirmed, without costs.

Leonard Buddington, Jr., for plaintiff-appellant.

George Gutwirth, for defendants-respondents.

Before: Wallach, J.P., Andrias, Saxe, Buckley, JJ.


The motion court was without discretion to permit plaintiff to file a late notice of claim since plaintiff's motion for permission to file a late notice of claim was not made (see, CPLR 2211) until more than one year and 90 days beyond the accrual of her cause of action (see, General Municipal Law § 50-e and 50-i; Pierson v. City of New York, 56 N.Y.2d 950; Abad v. New York City Health Hosp. Corp., 214 A.D.2d 342).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Lopez v. Lincoln Hospital

Appellate Division of the Supreme Court of New York, First Department
May 30, 2000
272 A.D.2d 275 (N.Y. App. Div. 2000)
Case details for

Lopez v. Lincoln Hospital

Case Details

Full title:ANA LOPEZ, ETC., PLAINTIFF-APPELLANT, v. LINCOLN HOSPITAL, ET AL.…

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

Date published: May 30, 2000

Citations

272 A.D.2d 275 (N.Y. App. Div. 2000)
709 N.Y.S.2d 398

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