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WALKER v. NEW YORK CITY HEALTH AND HOSPITALS CORP.

36 A.D.3d 509 (2007)

828 N.Y.S.2d 365

MARSULETTE WALKER, as Administrator of the Estate of MARTHA DODDS, Deceased, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORP., Appellant, et al., Defendant.

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

Decided January 23, 2007.

The motion court correctly observed that plaintiff had failed to file a timely notice of claim, and that counsel's attempt to file notice of claim outside the 90-day period, without leave of court, was a nullity (see Wollins v New York City Bd. of Educ., 8 A.D.3d 30 [2004]). The court further properly rejected application of the continuous treatment doctrine to toll the statute of limitations, finding that defendant's care of decedent...

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