Opinion
June 15, 1998
Appeal from the Supreme Court, Kings County (Patterson, J.).
Ordered that the order is affirmed, with costs.
The plaintiffs seek to recover damages for personal injuries allegedly suffered by Luis Robles as the result of negligent medical treatment rendered at East New York Diagnostic and Treatment Center and Kings County Hospital Center, both of which are operated by the defendant New York City Health and Hospitals Corporation (hereinafter HHC). In August 1994 the plaintiffs served a notice of claim, purporting to assert a claim against the City of New York and HHC, by delivering it to the New York City Comptroller's office and the Corporation Counsel's office. As found by the Supreme Court, such service was ineffective with respect to HHC ( see, McKinney's Uncons Laws of N.Y. § 7401; General Municipal Law § 50-e; Stallworth v. New York City Health Hosps. Corp., 243 A.D.2d 704; Badgett v. New York City Health Hosps. Corp., 227 A.D.2d 127; Kroin v. City of New York, 210 A.D.2d 95; Ceely v. New York City Health Hosps. Corp., 162 A.D.2d 492).
The lack of service upon HHC was not cured by its participation in the hearing pursuant to General Municipal Law § 50-h nor by the provision of General Municipal Law § 50-e (3) (c) ( see, Kroin v. City of New York, supra, at 96; Ceely v. New York City Health Hosps. Corp., supra, at 493).
The plaintiffs' remaining contentions are without merit.
Rosenblatt, J. P., Copertino, Santucci and Goldstein, JJ., concur.