Diaz v New York City Health & Hosps. Corp.

Diaz v New York City Health & Hosps. Corp. 2008 NY Slip Op 08972 [56 AD3d 317] November 18, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

Juan Diaz, Appellant,
v
New York City Health and Hospitals Corporation, Respondent.

—[*1] Pollack Pollack Isaac & DeCicco, New York (Brian J. Isaac of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), for respondent.

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered July 27, 2007, which granted defendant's motion to dismiss the complaint for failure to serve a notice of claim, unanimously affirmed, without costs.

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 NY3d 606, 608 [2005]).

Nor does the alleged agreement with a Corporation Counsel attorney constitute either a waiver of the notice of claim requirement (see Badgett v New York City Health & Hosps. Corp., 227 AD2d 127, 128 [1996]) or a ground for application of the doctrine of equitable estoppel against HHC (see Hochberg v City of New York, 99 AD2d 1028 [1984], affd 63 NY2d 665 [1984]). Concur—Saxe, J.P., Nardelli, Moskowitz, Renwick and Freedman, JJ.