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TROWELL v. N.Y.C. HEALTH AND HOSPITALS CORP

Appellate Division of the Supreme Court of New York, Second Department.
May 19, 2003
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DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The Supreme Court did not err in, inter alia, denying the plaintiff's motion for leave to amend the complaint to allege a cause of action sounding in negligence, as no such claim was set forth in the plaintiff's notice of claim (see Linden v. President and Directors of Chase Manhattan Bank, 299 A.D.2d 216, lv denied 99 N.Y.2d 509 [Mar. 27, 2003]; Mazzilli v. City of New York, 154 A.D.2d 355).

FLORIO, J.P., S. MILLER, ADAMS and RIVERA, JJ., concur.