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DIAZ v. NEW YORK CITY HEALTH AND HOSPITALS CORP.

56 A.D.3d 317 (2008)

866 N.Y.S.2d 868

JUAN DIAZ, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

November 18, 2008.

General Municipal Law § 50-e (3) (c) "does not excuse a plaintiff's failure to serve a timely notice of claim on the correct public entity, which is what happened here when plaintiff served [his] notice on the Comptroller rather than HHC" (Scantlebury v New York City Health & Hosps. Corp., 4 N.Y.3d 606, 608 [2005]).

Nor does the alleged agreement with a Corporation Counsel attorney constitute either a waiver of the...

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