SARJOO v. HEALTH & HOSPS CORP


309 A.D.2d 34 (2003)

763 N.Y.S.2d 306

RICARDO SARJOO et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant, et al., Defendants.

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

August 14, 2003.


Attorney(s) appearing for the Case

Matthew Gaier of counsel (Norman Bard on the brief; Kramer, Dillof, Livingston & Moore, attorneys), for respondents.

Fay Ng of counsel (Pamela Seider Dolgow on the brief; Michael A. Cardozo, Corporation Counsel, New York City, attorney), for appellant.

NARDELLI, J.P., and WILLIAMS, J., concur with TOM, J.; LERNER, J., dissents in a separate opinion.


OPINION OF THE COURT

TOM, J.

In this appeal, we examine whether the continuous treatment doctrine applies so as to make timely the filing of a notice of claim under General Municipal Law § 50-e during the tolling period for infancy for the statute of limitations, when the section 50-e limitations period had lapsed, and leave to file a late notice of claim was never requested.

The infant plaintiff's parents are citizens of Guyana. His mother...

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