Legal Opinion
Henry v. City of New York
New York Court of Appeals
Decided December 20, 1999PublishedCited by 65 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
The issue before us is whether an infant’s action against a municipality is time-barred when the infant through a parent or guardian timely files a notice of claim pursuant to General Municipal Law § 50-e, but fails to commence the action within the one-year and 90-day limitation period of General Municipal Law § 50-i. We hold that CPLR 208 tolls a Statute of Limitations for the period of infancy, and the toll is not terminated by the acts of a guardian or legal representative in taking steps to pursue the infant’s claim. Therefore, the infant plaintiffs’ suit…
2Cases cited11 opinions
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
- Russo v. City of New YorkNew York Court of Appeals · 1932
- Hernandez v. New York City Health and Hospitals Corp.New York Court of Appeals · 1991
- Baez v. New York City Health & Hospitals Corp.New York Court of Appeals · 1992
- Valdimer v. Mount Vernon Hebrew Camps, Inc.New York Court of Appeals · 1961
6 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Abels Ex Rel. Hunt v. Genie Industries, Inc.Tennessee Supreme Court · 2006
- Flores v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2004
- Weaver v. Edwin Shaw HospitalOhio Supreme Court · 2004
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Campbell v. City of New YorkNew York Court of Appeals · 2005
60 more not listed; retrieve them via the Exa API.