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Lopez v. Lincoln Hospital5/30/2000
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered October 27, 1997, which, in this medical malpractice action, denied plaintiff's application to serve and file a late notice of claim, unanimously affirmed, without costs.
The motion court was without discretion to permit plaintiff to file a late notice of claim since plaintiff's motion for permission to file a late notice of claim was not made (see, CPLR 2211) until more than one year and 90 days beyond the accrual of her cause of action (see, General Municipal Law ยง 50-e and 50-i ; Pierson v. City of New York, 56 NY2d 950; Abad v New York City Health & Hosp. Corp., 214 AD2d 342).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MAY 30, 2000
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