Opinion
November 30, 1995
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
Discrimination claimants, such as plaintiff, are not required to file notices of claim pursuant to the General Municipal Law. Both General Municipal Law § 50-i and McKinney's Unconsolidated Laws of N Y § 7401 (2) (New York City Health and Hospitals Corporation Act § 20 [2]; L 1969, ch 1016, § 1, as amended), which specifically deals with actions against the Health and Hospitals Corporation, define the torts for which a notice of claim is required only as personal injury, wrongful death, or damage to property and not torts generally.
Mills v County of Monroe ( 59 N.Y.2d 307, cert denied 464 U.S. 1018), cited by the IAS Court, is not contrary. In Mills (supra, at 309, n), the Court of Appeals affirmed the dismissal of a discrimination complaint by the Fourth Department relying upon the fact that there was a notice requirement in County Law § 52 (1) applying to "'[a]ny claim * * * against a county for damage, injury or death, or for invasion of personal or property rights, of every name and nature'". Accordingly, the Appellate Division in Mills stated: "Plaintiff argues correctly that an action brought under section 296 Exec. of the Executive Law is not a tort claim which falls within the notice provisions of the General Municipal Law" (Mills v County of Monroe, 89 A.D.2d 776, affd 59 N.Y.2d 307, supra). Nevertheless, it dismissed the complaint because of the applicability of section 52 County of the County Law (supra).
Since, as noted, supra, the only other law dealing with the issue herein, McKinney's Unconsolidated Laws of N Y § 7401, uses the same language as the General Municipal Law, plaintiff was under no requirement to comply with the notice requirements.
Concur — Kupferman, J.P., Asch, Williams and Tom, JJ.