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LEFKOWITZ v. CITY OF NEW YORK

272 A.D.2d 56 (2000)

707 N.Y.S.2d 316

JACOB LEFKOWITZ et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided May 2, 2000.

It does not avail petitioner to assert that he did not know that he sustained bone fractures, and not just soft tissue injury, until some 10 months after the accident, absent medical evidence explaining why the serious nature of injury took so long to become apparent and diagnose (see, Gaudio v City of New York, 235 A.D.2d 228). In addition, the passage of 11 months between the time of the accident and the making of the instant application...

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