Bulger v. Nassau County Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the appeal is from an order of the Supreme Court, Nassau County (Phelan, J.), dated September 29, 1998, which, inter alia, deemed the petitioner’s notice of claim timely served.
Ordered that the order is reversed, on the law, with costs, and the petitioner’s application for leave to serve a late notice of claim is denied.
The Supreme Court incorrectly concluded that the continuous treatment doctrine applies to the facts of this case. Where the gap between treatments “exceed[s] the applicable…
2Cases cited7 opinions
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