Devon Henry, an Infant, by His Mother and Natural Guardian, Evon C. Henry, Appellants v. City of New York…

Summary

The New York Court of Appeals held that CPLR 208 tolls the statute of limitations for infant plaintiffs despite the filing of a timely notice of claim under General Municipal Law § 50‑e, and that the toll is not terminated by the guardian's failure to commence suit within the one‑year and 90‑day period. Accordingly, the infant plaintiffs' claims against the City of New York were not time‑barred and the Appellate Division’s dismissal was reversed.