Leave to file a late notice of claim, and the continuous treatment doctrine.

Practice point: The court denied plaintiff’s motion for leave to extend their time to file a notice of claim against New York City Health & Hospitals Corporation, as the application was made beyond the time limit for the commencement of the action, namely, one year and 90 days, pursuant to Municipal General Law § 50-e[5].

Student note: Plaintiff did not establish that the June 16, 2011 visit was part of a continuous course of treatment, for purposes of tolling the statute of limitations, as there was no contemplation of further treatment at the May 2010 visit, no appointments were scheduled for monitoring, and plaintiff made no interim complaints concerning the condition.

Case: Diaz-Mazariegos v. New York City Health and Hosps. Corp., NY Slip Op 05082 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue:Workers’ Compensation and special employers.