| Mandel v New York City Health & Hosps. Corp. |
| 2007 NY Slip Op 06839 [43 AD3d 1005] |
| September 18, 2007 |
| Appellate Division, Second Department |
| Teresa Mandel, Appellant, v New York City Health andHospitals Corp. et al., Respondents, et al., Defendant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and SusanPaulson of counsel), for respondents.
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from anorder of the Supreme Court, Kings County (Jackson, J.), dated August 16, 2006, which grantedthe motion of the defendants New York City Health and Hospital Corp., Selvanayagam Niranjan,and Kathirgamathas Kurunathapillai for summary judgment dismissing the complaint insofar asasserted against them for failure to timely serve a notice of claim.
Ordered that the order is affirmed, with costs.
The plaintiff commenced this action, inter alia, to recover damages for wrongful death.However, the plaintiff failed to serve a notice of claim within 90 days of being appointed arepresentative of the decedent's estate (see General Municipal Law § 50-e [1] [a];EPTL 1-2.13; SCPA 703 [2]; cf. Mack v City of New York, 265 AD2d 308 [1999]).Further, the plaintiff failed to demonstrate any basis upon which to equitably estop therespondents from raising this failure (see Bender v New York City Health & Hosps. Corp.,38 NY2d 662, 668 [1976]; Wade vNew York City Health & Hosps. Corp., 16 AD3d 677 [2005]). Thus, the Supreme Courtproperly granted the respondents' motion for summary judgment dismissing the complaint insofaras asserted against them. Crane, J.P., Ritter, Dillon and Carni, JJ., concur.