Goldman v. New York City Health and Hospitals

Full title: LUCIENNE GOLDMAN, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 13, 1992

186 A.D.2d 629 (N.Y. App. Div. 1992)

588 N.Y.S.2d 412

Opinion

October 13, 1992

Appeal from the Supreme Court, Kings County (Bellard, J.).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is denied.

In her notice of claim, the plaintiff alleged, inter alia, that in the course of treating her, the defendants, a hospital and individual physicians, "committed acts and/or omissions constituting professional negligence". This notice of claim sufficiently apprised the defendants of the second through tenth causes of action premised on lack of informed consent so as to enable them to conduct a proper investigation (see, General Municipal Law § 50-e; DeLeonibus v Scognamillo, 183 A.D.2d 697; O'Brien v City of Syracuse, 54 N.Y.2d 353). Accordingly, those causes of action are reinstated. Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.