New York Court of Appeals

James C. Bender, a Minor, by His Father, Gerard Bender, Appellants v. New York City Health and Hospitals…

February 19, 197638 N.Y.2d 662

Summary

The Court of Appeals reversed the Appellate Division’s dismissal of the complaints and remanded for determination of whether the New York City Health and Hospitals Corporation is estopped from asserting a failure‑to‑file notice of claim defense, holding that estoppel may excuse the statutory notice requirement but that factual findings are needed.