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FULLER v. CITY OF BUFFALO

209 A.D.2d 1043 (1994)

619 N.Y.S.2d 478

Vashon Fuller et al., Individually and as Parents and Natural Guardians of Ebony Greene, an Infant, Respondents, v. City of Buffalo et al., Appellants

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

November 16, 1994

Order insofar as appealed from unanimously reversed on the law without costs and application denied in part in accordance with the following Memorandum: Supreme Court should have denied that portion of the application for leave to file a late notice of claim that asserts a derivative claim for damages. The Statute of Limitations' toll for infancy does not apply to a parent's derivative cause of action (see, Rivera v Berkeley Super Wash, 44 A...

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