Stern v. City University of New York

OPINION OF THE COURT

Edward J. Amann, Jr., J.

The claimants move in the present motion to dismiss the State’s third affirmative defense. The defense alleges that: “the claim of Caryl Stein, individually, is not timely filed.” The State opposes the motion. The affirmation in opposition argues that the tort claim, which forms the basis for this action, accrued upon the date of occurrence.

On February 18, 1981, the infant claimant was injured by a metal clothing hook affixed to a bathroom stall in the girl’s bathroom at Hunter Elementary School. Thereafter, on April 30, 1981, a notice of claim and…