Grellet v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J.
In this medical malpractice action, the issue for determination is whether the service of a notice of claim almost 10 years after the date of the alleged malpractice was timely by reason of the tolling provisions for infancy or the continuous treatment doctrine. Because we conclude that the time within which the notice was required to be served was not tolled, we affirm the order of Special Term which dismissed the action.
*143The infant whose injuries are in issue here was born on July 3, 1970, at the Elmhurst General Hospital which, at that time, was owned by the…
2Cases cited30 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Richardson v. OrentreichNew York Court of Appeals · 1985
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3Cited by19 opinions
- Massie v. CrawfordNew York Court of Appeals · 1991
- Gross v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Spring v. Allegany-Limestone Central School DistrictDistrict Court, W.D. New York · 2015
- Werner v. KweeAppellate Division of the Supreme Court of the State of New York · 1989
- Eagleston v. Mt. Sinai Medical CenterAppellate Division of the Supreme Court of the State of New York · 1988
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