Practice point: Plaintiff's notice of claim named HHC, but Plaintiff filed the notice with the New York City Comptroller. Service on the Comptroller
does not constitute service on HHC. For purposes of service of a notice of claim, the City and HHC are separate
entities.
Student note: As plaintiff failed to serve a notice of claim, or move
for leave to serve a late notice, for more than a year and 90 days
after accrual of the claim, the Appellate Division affirmed the dismissal of the claim as to HHC.
Case: Smith v. Das, NY Slip Op 01885 (1st Dept. 2015)
Here is the decision.
Tomorrow's issue: Claims for fraud and negligent misrepresentation.
