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VAZQUEZ v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

279 A.D.2d 368 (2001)

720 N.Y.S.2d 20

CARMEN VAZQUEZ, as Administratrix of the Estate of JEANETTE RODRIGUEZ, Deceased, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 23, 2001.

It is undisputed that plaintiff, in this medical malpractice action for wrongful death against the City and the Health and Hospitals Corporation (HHC), never filed a notice of claim for wrongful death in accordance with the requirements of McKinney's Unconsolidated Laws of New York § 7401 (New York City Health and Hospitals Corporation Act § 20 [L 1969, ch 1016, § 1, as amended]) and General Municipal Law §...

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