Opinion
2003-05736.
Decided May 24, 2004.
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated May 22, 2003, which granted the defendant's motion for summary judgment dismissing the complaint for failure to serve a timely notice of claim.
Joseph M. Lichtenstein, P.C., Mineola, N.Y. (Elliot Lewis and Joseph M. Lichtenstein of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Larry A. Sonnenshein of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Service of a notice of claim upon the defendant New York City Health and Hospitals Corporation (hereinafter the NYCHHC) is a condition precedent to the commencement of a tort action against it pursuant to General Municipal Law § 50-e. Contrary to the plaintiff's contention, her service of a notice of claim upon the Office of the Comptroller of the City of New York was insufficient to constitute service upon the NYCHHC ( see Hazell v. New York City Health Hosps. Corp., 290 A.D.2d 533; Stallworth v. New York City Health Hosps. Corp., 243 A.D.2d 704; cf. Mercado v. New York City Health Hosps. Corp., 247 A.D.2d 55).
Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint for failure to serve a timely notice of claim.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.