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SANTOS v. CITY OF NEW YORK

38 A.D.3d 302 (2007)

830 N.Y.S.2d 660

MARIA SANTOS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 13, 2007.

Defendants concede that plaintiff's notice of claim was timely as to her decedent's pain and suffering on the date of his death. We modify to reinstate that portion of the second cause of action, and affirm the dismissal of any earlier claims as untimely (see Jae Woo Yoo v New York City Health & Hosps. Corp., 239 A.D.2d 267 [1997]). We further modify to vacate the dismissal of the eighth cause of action under 42 USC § 1983...

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