Plummer v. New York City Health & Hospitals Corp.

Williams, J. P., and Friedman, J.,

dissent in a memorandum by Friedman, J., as follows: The question presented by this appeal is whether the time to serve a notice of claim may be tolled under a “continuous-treatment-by-an-institution” theory. Specifically, does the nonnegligent treatment rendered by the pediatric and rehabilitation clinics of a New York City Health and Hospitals Corporation (HHC) facility toll the time in which to serve a notice of claim against HHC where the negligent treatment was rendered by the obstetrical unit of that same facility? The Appellate Division, Second…