Plaza v New York Health & Hosps. Corp. (Jacobi Med. Ctr.)

Plaza v New York Health & Hosps. Corp. (Jacobi Med. Ctr.) 2013 NY Slip Op 04759 Decided on June 26, 2013 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 26, 2013
No. 207 SSM 14

[*1]Mia Plaza, an Infant by Her Mother and Natural Guardian, Claribel Rodriguez, Appellant,

v

New York Health and Hospitals Corporation (Jacobi Medical Center), Respondent.




Submitted by John M. Daly, for appellant.
Submitted by Janet L. Zaleon, for respondent.


MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs. The certified question should not be answered on the ground that it is unnecessary. [*2]

Plaintiff admittedly served a late notice of claim against defendant without seeking leave of court.

General Municipal Law § 50-e (1) requires that a claimant serve a notice of claim against a public corporation within 90 days after a tort claim arises. However, section 50-e (5) provides that a court, "in its discretion," may grant an application extending the time to serve a notice of claim as long as the application is made within the limitations period for commencing the action, including any tolls or extensions. CPLR 208 provides that "[i]f a person entitled to commence an action is under a disability because of infancy . . . at the time the cause of action accrues, and . . . the time otherwise limited [for commencing the action] is less than three years, the time shall be extended by the period of disability." Where a medical malpractice action accrues during infancy, the extension is limited to 10 years from the time of accrual (see CPLR 208).
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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question not answered on the ground that it is unnecessary, in a memorandum. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.
Decided June 26, 2013