BORGIA v. CITY OF NEW YORK


16 A.D.2d 927 (1962)

John Borgia, an Infant, by Nicholas Borgia, His Guardian ad Litem, et al., Respondents, v. City of New York, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 4, 1962


Judgment, insofar as appealed from, reversed on the law, without costs, and complaint dismissed against defendant City of New York.

The findings of fact implicit in the jury's verdict (as reduced by the trial court and by the stipulation) are affirmed. Concededly, the last act of malpractice occurred on November 25, 1957, although the infant was not discharged from the hospital until February 14, 1958. The notice of claim required by section 50-e of the General Municipal...

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