BARLOW v. HARLEM HOSP. CTR.


253 A.D.2d 355 (1998)

676 N.Y.S.2d 169

Mohammed J. Barlow, Respondent, v. Harlem Hospital Center et al., Appellants, et al., Defendants

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

August 6, 1998


Since, pursuant to CPLR 208, plaintiff was required to commence this action by February 2, 1993 and the action was commenced instead on February 9, 1993, the action was untimely and must be dismissed. That section implements the legislative policy of assuring prompt disposition of, inter alia, medical malpractice actions by imposing an absolute 10-year maximum infancy toll on such claims. Thus, the CPLR 204 (a) toll asserted by plaintiff (pendency of motion for leave...

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