New York Court of Appeals

Arthur T. Davidson v. Bronx Municipal Hospital

December 20, 198464 N.Y.2d 59

Summary

The New York Court of Appeals held that a plaintiff’s service of a summons and complaint does not satisfy the statutory notice‑of‑claim requirement for actions against municipal corporations. Because the plaintiff failed to serve a proper notice of claim at least thirty days before filing, the Court dismissed the action with prejudice and affirmed that dismissal.