Sun v. New York City Hlt. and Hospitals Corp.

Full title: FUSCHSIA SUN et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS…

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

Date published: Dec 14, 2004

13 A.D.3d 151 (N.Y. App. Div. 2004)

785 N.Y.S.2d 696

Opinion

4930

December 14, 2004.

Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered November 28, 2003, which, inter alia, granted defendants-respondents' motion insofar as to dismiss plaintiff mother's claims against them, unanimously affirmed, without costs.

Before: Buckley, P.J., Andrias, Sullivan, Ellerin and Williams, JJ.

Plaintiff mother did not file a timely notice of claim and did not seek leave to file a late notice of claim prior to the expiration of the applicable statutory period. Her claims against defendants-respondents were thus properly dismissed ( see Hall v. City of New York, 1 AD3d 254). Contrary to plaintiffs' argument, there do not exist the sort of exceptional circumstances upon which the Health and Hospitals Corporation defendants might be estopped from raising plaintiffs' failure to file a timely notice of claim as a ground for dismissal ( cf. Bender v. New York City Health Hosps. Corp., 38 NY2d 662).