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RYBKA v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

263 A.D.2d 403 (1999)

693 N.Y.S.2d 566

GEORGE RYBKA et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided July 22, 1999.

In this medical malpractice action, plaintiff was treated at Bellevue Hospital through November 25, 1991, which commenced the one year and 90 day Statute of Limitations period within which the notice of claim was required to be filed (General Municipal Law § 50-i). The limitations period expired on February 23, 1993. On February 17, 1993, plaintiff purchased an index number and moved by order to show cause for leave to file a late notice of claim. Plaintiff identified...

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