Fuller v. City of Buffalo

—Order insofar as appealed from unanimously reversed on the law without costs and application denied in part in accordance with the following Memorandum: Supreme Court should have denied that portion of the application for leave to file a late notice of claim that asserts a derivative claim for damages. The Statute of Limitations’ toll for infancy does not apply to a parent’s derivative cause of action (see, Rivera v Berkeley Super Wash, 44 AD2d 316, 326, affd 37 NY2d 395; D’Andreia v County of Suffolk, 112 AD2d 397, 398). Because the instant application was made more than one year and 90…