Appellate Division of the Supreme Court of the State of New York July 17, 2012 (Plaza v. New York Health & Hospitals Corp.)

lead-opinion

We affirm dismissal of the complaint, but for reasons other than those stated by the motion court. Specifically, we find that the complaint should have been dismissed because plaintiff failed to comply with the 90-day time period specified in General Municipal Law § 50-e, which is a condition precedent to maintaining an action against HHC (see Plummer v New York City Health & Hosps.