Walker v. City of New York

I would affirm the order restoring this action to the active pre-note calendar and denying defendants’ cross motion to dismiss on the condition that plaintiff’s guardian appear at a General Municipal Law § 50-h hearing.

The action was brought on behalf of a brain-damaged infant whose severe injures were allegedly caused by negligence in the course of his delivery in June 1991. The infant’s grandmother was granted custody of him on December 21, 1992, and was declared his legal guardian on October 13, 1995. A motion for leave to file a late notice of claim was granted on May 2, 1996, and the…