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HENRY v. CITY OF NEW YORK

244 A.D.2d 93 (1998)

676 N.Y.S.2d 616

Devon Henry et al., Respondents, v. City of New York, Appellant, et al., Defendants

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

August 3, 1998

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Larry A. Sonnenshein, Steven Levi and Kathleen Alberton of counsel), for appellant.

Fitzgerald & Fitzgerald, P. C., Yonkers (John E. Fitzgerald, Elizabeth Holmes, John M. Daly and Michael D. Neuman of counsel), for respondents.

RITTER, J. P., THOMPSON and ALTMAN, JJ., concur.

McGINITY, J.

This is an action to recover damages for personal injuries allegedly sustained by the infant plaintiffs resulting from the ingestion of lead paint in the apartment where their family lived which was owned by the City of New York. A notice of claim was timely served on behalf of each infant. However, the action was not commenced within the one-year-and-90-day period set forth in General Municipal...

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