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MARABELLO v. CITY OF NY

99 A.D.2d 133 (1984)

Carmine Marabello, Respondent, v. City of New York et al., Appellants, et al., Defendants

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

February 14, 1984

Attorney(s) appearing for the Case

Frederick A.O. Schwarz, Jr., Corporation Counsel (Leonard Koerner and Irving Genn of counsel), for appellants.

Lipsig, Sullivan & Liapakis, P. C. (Roberta Ashkin, Richard Kokel and Dennis Lopez of counsel), for respondent.

TITONE, J. P., and LAZER, J., concur with BOYERS, J.; WEINSTEIN, J., concurs in a separate opinion.

BOYERS, J.

This appeal raises a novel issue, namely, whether the doctrine of continuous treatment (see Borgia v City of New York, 12 N.Y.2d 151; CPLR 214-a) may be applied to toll the 90-day period within which a notice of claim must be filed (see General Municipal Law, § 50-e; New York City Health and Hospitals Corporation Act, § 20, subd 2 [L 1969, ch 1016, § 1, as amd L 1973, ch 877, §...

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