Richardson v. New York City Health & Hospitals Corp.

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered April 9, 1991, which denied plaintiffs’ motion to serve a late notice of claim, unanimously affirmed, without costs.

The infant’s claim is time-barred since the maximum 10 year extension of the Statute of Limitations afforded to infants in medical malpractice actions by CPLR 208 runs from the initial negligent act, not from the end of any period of subsequent continuous treatment (Matter of Daniel J. v New York City Health & Hosps. Corp., 77 NY2d 630). The infant’s mother’s claim is also time-barred since it is derivative of the *377…