Legal Opinion
Henry v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided August 3, 1998PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
McGinity, J.
This is an action to recover damages for personal injuries allegedly sustained by the infant plaintiffs resulting from the ingestion of lead paint in the apartment where their family lived which was owned by the City of New York. A notice of claim was timely served on behalf of each infant. However, the action was not commenced within the one-year-and-90-day period set forth in General Municipal Law § 50-i. At issue herein is whether the tolling provisions of CPLR 208 extend to the instant situation so as to preserve the infants’ claims. We hold that they do…
2Cases cited5 opinions
- Hernandez v. New York City Health and Hospitals Corp.New York Court of Appeals · 1991
- Baez v. New York City Health & Hospitals Corp.New York Court of Appeals · 1992
- Kratz v. DussaultAppellate Division of the Supreme Court of the State of New York · 1969
- Sadler v. HorvathAppellate Division of the Supreme Court of the State of New York · 1974
- Corbett v. Fayetteville-Manlius Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1970
3Cited by14 opinions
- Henry v. City of New YorkNew York Court of Appeals · 1999
- Niles v. NelsonDistrict Court, N.D. New York · 1999
- Lanphere v. County of WashingtonAppellate Division of the Supreme Court of the State of New York · 2003
- Valencia Ex Rel. Franco v. LeeDistrict Court, E.D. New York · 1999
- Boles v. Sheehan Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1999
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