Torres v New York City Health & Hosps. Corp., 2011 NY Slip Op 01889 [82 AD3d 530]

March 15, 2011

Appellate Division, First Department

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Alexander J. Wulwick, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Victoria Scalzo of counsel), for respondent.

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered January 19, 2010, which granted defendant’s motion to dismiss the medical malpractice cause of action for failure to timely serve a notice of claim, unanimously affirmed, without costs.

The record clearly demonstrates that decedent’s relationship with the hospital ceased, at the latest, on July 26, 2006, when she was discharged. Plaintiff’s notice of claim was not served within the requisite 90-day period after the claim arose ( see General Municipal Law § 50-e [1] [a]), and no motion for leave to file a late notice of claim was made within one year and 90 days after accrual of the claim ( see General Municipal Law § 50-e [5]; § 50-i [1]; McCrae v City of New York , 44 AD3d 306 [2007]). Concur—Mazzarelli, J.P., Sweeny, DeGrasse, Freedman and Abdus-Salaam, JJ..