Sarjoo v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Tom, J.
In this appeal, we examine whether the continuous treatment doctrine applies so as to make timely the filing of a notice of claim under General Municipal Law § 50-e during the tolling period for infancy for the statute of limitations, when the section 50-e limitations period had lapsed, and leave to file a late notice of claim was never requested.
The infant plaintiff’s parents are citizens of Guyana. His mother, though, has had intermittent residence in the Bronx. On January 23, 1985, plaintiff was born by cesarean section at North Central Bronx Hospital, an…
2Cases cited13 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Nykorchuck v. HenriquesNew York Court of Appeals · 1991
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Richardson v. OrentreichNew York Court of Appeals · 1985
- Allende v. New York City Health & Hospitals Corp.New York Court of Appeals · 1997
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3Cited by3 opinions
- Gomez v. KatzAppellate Division of the Supreme Court of the State of New York · 2009
- Adames v. VelasquezNew York Supreme Court · 2008
- Samad-Matias v. City of New YorkNew York Supreme Court · 2005