Yepez v. County of Nassau

In a medical malpractice action, plaintiff appeals from an order of the Supreme Court, Nassau County, dated January 10,1980, which (1) granted defendants’ motion to dismiss the complaint and (2) denied her cross motion to strike defendants’ first affirmative defense. Order reversed, on the law, without costs or disbursements, motion denied and cross motion granted. The causes of action herein accrued in April, 1976, at which time the infant plaintiff was two months old. In May, 1978, well in excess of 90 days from accrual of the cause of action (see General Municipal Law, § 50-e, subd 1, par…