Practice point: The Appellate Division affirmed the granting of defendant's motion to dismiss the complaint. Plaintiff, suing on behalf of her infant son, failed to serve a timely notice of her medical malpractice claim, pursuant to General Municipal Law § 50-e[1][a], and failed to seek leave to file a late notice of claim, pursuant to General Municipal Law § 5-e(5), within the applicable statute of limitations, as tolled due to the injured plaintiff's infancy, pursuant to CPLR 208.
Student note: The fact that plaintiff served a late notice of claim before the statute of limitations had expired is without effect, because she had not obtained leave of the court.
Case: Yessenia D. v. New York City Health & Hosps. Corp., NY Slip Op 03653 (1st Dep't May 10, 2016)
Here is the decision.
Tomorrow's issue: The standard for documentary evidence on a motion to dismiss.
