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CRUZ v. CITY OF NEW YORK

200 A.D.2d 407 (1994)

606 N.Y.S.2d 211

Dorothea Cruz, an Infant, by Her Mother and Natural Guardian, Liberty Camales, et al., Appellants, v. City of New York et al., Respondents

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

January 11, 1994

Plaintiff guardian's derivative claim was properly dismissed as barred by the Statute of Limitations (Pierson v City of New York, 56 N.Y.2d 950). The toll that applies to the infant's claim does not apply to the guardian's derivative claim (General Municipal Law § 50-e; Matter of Welsh v Berne-Knox-Westerlo Cent. School Dist., 103 A.D.2d 950

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