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YESSENIA D. v. NEW YORK CITY HEALTH & HOSPS. CORP.

1083, 16476/02.

139 A.D.3d 454 (2016)

29 N.Y.S.3d 788

2016 NY Slip Op 03653

YESSENIA D., as Mother and Natural Guardian of FRANKLIN D., an Infant, Appellant, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION, Respondent.

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

Decided May 10, 2016.

Plaintiff, suing on behalf of her infant son, failed to serve a timely notice of her medical malpractice claim (General Municipal Law § 50-e [1] [a]) and failed to seek leave to file a late notice of claim, pursuant to General Municipal Law § 50-e (5), within the applicable statute of limitations, as tolled due to the injured plaintiff's infancy (CPLR 208). The fact that plaintiff served a late notice of claim before the statute of limitations had expired is of...

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