DOE v. BELMARE

15908/10.

31 Misc.3d 904 (2011)

920 N.Y.S.2d 623

JANE DOE, Plaintiff, v. GLORIA BELMARE et al., Defendants.

Supreme Court, Kings County.

Decided March 31, 2011.


Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Toni Gantz of counsel), for defendants.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City ( Suzanne Skinner of counsel), for plaintiff.


OPINION OF THE COURT

LAWRENCE KNIPEL, J.

In this action brought to recover damages the court is confronted with an issue of first impression, namely whether the one-year-and-90-day statute of limitations contained in section 7401 of McKinney's Unconsolidated Laws of NY (New York City Health and Hospitals Corporation Act § 20, as added by L 1969, ch 1016, § 1, as amended) or the three-year statute of CPLR 214 applies to actions asserting a violation...

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