Kramer v. City of New York

OPINION OF THE COURT

Carro, J.

We are confronted with the question of whether a notice of claim is required where a cause of action sounding in fraud is alleged against a doctor, when the fraudulent acts were separate from, and subsequent to, acts giving rise to malprac*406tice claims by plaintiff against the doctor and his municipal employer. For the reasons that follow, we conclude that, insofar as the fraud claim is concerned, plaintiff was not bound by the notice of claim provisions of the General Municipal Law.

Plaintiff-appellant Paula Kramer was diagnosed as having scoliosis in 1962, when she…