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BENITEZ v. BOARD OF HIGHER EDUCATION OF THE CITY OF NEW YORK-CITY UNIVERSITY OF NEW YORK

308 A.D.2d 410 (2003)

765 N.Y.S.2d 22

NILSA BENITEZ et al., Appellants, v. BOARD OF HIGHER EDUCATION OF THE CITY OF NEW YORK-CITY UNIVERSITY OF NEW YORK, Respondent.

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

Decided September 30, 2003.

The court properly held plaintiff's claim to be one for medical malpractice based upon the alleged failure to take a proper medical history (see Bleiler v Bodnar, 65 N.Y.2d 65, 72 [1985]), and that plaintiff's notice of claim, filed more than 90 days subsequent to the alleged malpractice, was untimely. The court also properly concluded that it was without power to grant an extension of time for plaintiff to file a notice of claim...

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