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YANG v. NEW YORK CITY HEALTH AND HOSPS. CORP.

2015-06341, Index No. 704013/14.

140 A.D.3d 1051 (2016)

35 N.Y.S.3d 350

2016 NY Slip Op 04929

SE DAE YANG, Individually and as Administrator of the Estate of KUMJA YANG, Deceased, et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 22, 2016.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was pursuant to CPLR 3211 (a) (7) to dismiss the cause of action alleging wrongful death on the ground that the plaintiffs failed to serve an adequate notice of claim pursuant to General Municipal Law § 50-e is denied.

A timely and sufficient notice of claim is a condition precedent...

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