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GIBLIN v. NASSAU MED. CTR.

61 N.Y.2d 67 (1984)

Martin J. Giblin, Appellant, v. Nassau County Medical Center et al., Respondents. Glen Davis, Appellant, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided January 17, 1984.

Attorney(s) appearing for the Case

Leonard M. McEvoy for appellant in the first above-entitled action.

Edward G. McCabe, County Attorney (Kathryn Driscoll Hopkins of counsel), for respondents in the first above-entitled action.

Melvin Block for appellant in the second above-entitled action.

Kenneth H. Schiffrin and Richard K. Bernard for respondent in the second above-entitled action.

Chief Judge COOKE and Judges JASEN, JONES, MEYER and KAYE concur; Judge SIMONS taking no part.

WACHTLER, J.

The common question on these two appeals is whether the Statute of Limitations for municipal tort liability is tolled when the plaintiff applies for permission to file a late notice of claim. In each case Special Term held the statute was tolled, and denied a motion to dismiss, relying on our decision in Barchet v New York City Tr. Auth. (20 N.Y.2d 1).

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