May 1, 2008

General Municipal Law § 50-i

Practice point: While infancy automatically tolls the one-year and 90-day statute of limitations for commencing an action against a municipality, infancy alone does not compel the granting of a motion for leave to serve a late notice of claim when the delay is not the product of the infancy.

Case: Arias v. Kings County Hospital Center, NY Slip Op 03407 (2d Dept. 2008)