New York Court of Appeals

In the Matter of Daniel J., an Infant, by His Mother and Natural Guardian, Ann Mary J., Respondent v. New York City…

April 30, 199177 N.Y.2d 630

Summary

The New York Court of Appeals reversed the Appellate Division and denied the petitioner's request to serve a late notice of claim, holding that the 10‑year infancy toll under CPLR 208 runs from the date of the negligent act, not from the end of continuous treatment. Accordingly, the claim was time‑barred.