MISHELLE YOUNG, ETC., plf-ap, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION def-res

3102N. MISHELLE YOUNG, ETC., plf-ap, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION def-res — Law Office of William A. Gallina, PLLC, Bronx (Frank V. Kelly of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Damion K. L. Stodola of counsel), for res — Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered April 23, 2015, which granted defendants' motion to dismiss the complaint for failure to file a notice of claim, unanimously modified, on the law, to deny so much of the motion as sought dismissal of the claims asserted against defendants Dr. Cornel Dumitriu and Dr. Amit Shah, and otherwise affirmed, without costs.

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3102N. MISHELLE YOUNG, ETC., plf-ap, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION def-res — Law Office of William A. Gallina, PLLC, Bronx (Frank V. Kelly of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Damion K. L. Stodola of counsel), for res — Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered April 23, 2015, which granted defendants’ motion to dismiss the complaint for failure to file a notice of claim, unanimously modified, on the law, to deny so much of the motion as sought dismissal of the claims asserted against defendants Dr. Cornel Dumitriu and Dr. Amit Shah, and otherwise affirmed, without costs.

The motion court correctly dismissed plaintiff’s claims against defendant New York City Health and Hospitals Corporation (HHC) and defendant Jacobi Medical Center, which HHC operates, since plaintiff’s service of a notice of claim on the City of New York, through the City Comptroller’s Office, did not constitute service upon HHC, a separate public entity (see General Municipal Law §50-e[1]; McKinney’s Uncons Laws of NY §7401[2]; Public Authorities Law §2980; Scantlebury v. New York City Health & Hosps. Corp., 4 NY3d 606 [2005]; Williams v. City of New York, 74 AD3d 548 [1st Dept 2010]). Because the time within which to commence an action against HHC had expired (see Uncons Laws §7401[2]; Public Authorities Law §2981), the motion court “lacked the power to authorize late filing of the notice” (Pierson v. City of New York, 56 NY2d 950, 956 [1982]).

MISHELLE YOUNG, ETC., plf-ap, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION def-res

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