Borges v. Sallis

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered December 14, 2000, which, inter alia, denied plaintiffs’ application to serve and file a late notice of claim, unanimously affirmed, without costs.

Since plaintiff’s motion was not made until more than one year and 90 days after the accrual of her cause of action, the motion court was without discretion to permit her to file a late notice of claim with respect to the alleged medical malpractice of defendant doctors, who, at the time of the purported malpractice, were employees of the New York City Health and Hospitals…