BORGES v. GERALD SALLIS, M.D.


291 A.D.2d 271 (2002)

737 N.Y.S.2d 284

CARMEN BORGES et al., Appellants, v. JULIAN GERALD SALLIS, M.D., et al., Respondents.

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

Decided February 14, 2002.


Since plaintiff's motion was not made until more than one year and 90 days after the accrual of her cause of action, the motion court was without discretion to permit her to file a late notice of claim with respect to the alleged medical malpractice of defendant doctors, who, at the time of the purported malpractice, were employees of the New York City Health and Hospitals Corporation (see, General Municipal Law § 50-e [5]; § 50-i; Pierson v City of New...

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