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HENRY v. CITY OF NY

94 N.Y.2d 275 (1999)

724 N.E.2d 372

702 N.Y.S.2d 580

DEVON HENRY, an Infant, by His Mother and Natural Guardian, EVON C. HENRY, et al., Appellants, v. CITY OF NEW YORK, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 20, 1999.

Attorney(s) appearing for the Case

Fitzgerald & Fitzgerald, P. C., Yonkers (John E. Fitzgerald, John M. Daly and Eugene S. R. Pagano of counsel), and Michael J. Hutter, Albany, for appellants.

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

David B. Golomb, New York City, and Michael J. Hutter, Albany, for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

WESLEY, J.

The issue before us is whether an infant's action against a municipality is time-barred when the infant through a parent or guardian timely files a notice of claim pursuant to General Municipal Law § 50-e, but fails to commence the action within the one-year and 90-day limitation period of General Municipal Law § 50-i. We hold that CPLR 208 tolls a Statute of Limitations...

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