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GRELLET v. CITY OF NEW YORK

118 A.D.2d 141 (1986)

Carman Grellet, as Mother and Natural Guardian of Carla Pineda, an Infant Also Known as Carman Leticia Elias, Appellant, v. City of New York et al., Respondents

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

June 23, 1986

Attorney(s) appearing for the Case

Pegalis & Wachsman, P. C. (Ellen M. Saunders of counsel), for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (June A. Witterschein and Marvin R. Kwartler of counsel), for respondents.

LAZER, J. P., NIEHOFF and KOOPER, JJ., concur.

BRACKEN, J.

In this medical malpractice action, the issue for determination is whether the service of a notice of claim almost 10 years after the date of the alleged malpractice was timely by reason of the tolling provisions for infancy or the continuous treatment doctrine. Because we conclude that the time within which the notice was required to be served was not tolled, we affirm the order of Special Term...

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