February 16, 2011

Notice of claim.

Practice point: Service of a notice of claim within 90 days after accrual is a condition precedent to commencing an action against New York City Health and Hospitals Corporation.

Students should note that attaching a proposed notice to a petition for leave to serve the late notice does not satisfy the condition precedent.

The case is Argudo v. New York City Health & Hosps. Corp., NY Slip Op 00632 (2d Dept. 2011).


Tomorrow's issue is Labor Law.