Legal Opinion
Yessenia D. v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 2016No. 1083 16476/02PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered March 10, 2015, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.
Plaintiff, suing on behalf of her infant son, failed to serve a timely notice of her medical malpractice claim (General Municipal Law § 50-e [1] [a]) and failed to seek leave to file a late notice of claim, pursuant to General Municipal Law § 50-e (5), within the applicable statute of limitations, as tolled due to the injured plaintiff’s infancy (CPLR 208). The fact that plaintiff served a late notice of claim before…
2Cases cited2 opinions
- Scantlebury v. New York City Health & Hospitals Corp.New York Court of Appeals · 2005
- Wollins v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by3 opinions
- Mederos v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Cassidy v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2025
- Townsend v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019