Practice point: CPLR 208’s infancy toll is personal to the infant, and does not extend to a derivative cause of action.
Students should note that by demonstrating that defendant had timely knowledge of the facts underlying the claim, plaintiff establishes a lack of substantial prejudice on a motion for late service of the notice of claim.
Case: Kim L. v. Port Jervis City School Dist., NY Slip Op 07148 (2d Dept. 2010)
Here is the decision.
Monday’s issue: Torts.
