ROSADO v. LANGSAM PROP. SERV. CORP.


251 A.D.2d 258 (1998)

675 N.Y.S.2d 53

Alexander Rosado, an Infant, by His Mother and Natural Guardian, Minerva Olivencia, et al., Respondents, v. Langsam Property Service Corp., Defendant, and City of New York, Appellant

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

June 30, 1998


The infant plaintiff's guardian, represented by counsel, filed a timely notice of claim but then failed to commence the action against the City within the applicable 1 year and 90 day Statute of Limitations period (see, General Municipal Law §§ 50-e, 50-i). The infant plaintiff's action, however, was not consequently time-barred since the initial prosecution of his claim by his legal representatives did not preclude him from invoking the CPLR 208 disability...

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