CHILAN v. CITY OF NEW YORK


87 A.D.2d 568 (1982)

Gladys Chilan, as Mother and Natural Guardian of Maritza F. Chilan, Also Known as Maritza Flores, Appellant, v. City of New York et al., Respondents

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

March 30, 1982


Unanimously reversed to the extent of granting plaintiff's motion to file a late notice of claim, on the law and the facts and in the exercise of discretion, without costs, and otherwise affirmed.

At issue here is whether the continuous treatment doctrine would apply so as to toll the applicable Statute of Limitations and delay the time of filing a notice of claim under section 50-e of the General Municipal Law. Infant plaintiff was born on July 3, 1970 following...

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