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Lozada v. Baeck

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1996
225 A.D.2d 405 (N.Y. App. Div. 1996)

Opinion

March 19, 1996

Appeal from the Supreme Court, Bronx County (Anne Targum, J.).


The IAS Court correctly applied a one year and 90 day limitations period from the date of plaintiff's 18th birthday (General Municipal Law §§ 50-i Gen. Mun., 50-k Gen. Mun. [6]; McKinney's Uncons Laws of N Y § 7401 [2] [New York City Health and Hospitals Corporation Act § 20 (2); L 1969, ch 1016, § 1, as amended]; CPLR 208, 105 [j]). There is no merit to plaintiff's argument that the three-year limitations period applicable at the time his cause of action accrued should apply, the action having been instituted after the July 13, 1979 effective date of the statutory amendments providing for a one year and 90 day limitations period (General Municipal Law § 50-k). We have considered plaintiff's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Wallach, Kupferman, Nardelli and Tom, JJ.


Summaries of

Lozada v. Baeck

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1996
225 A.D.2d 405 (N.Y. App. Div. 1996)
Case details for

Lozada v. Baeck

Case Details

Full title:EDGAR LOZADA, an Infant, by His Mother and Natural Guardian, ALICE LOZADA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 19, 1996

Citations

225 A.D.2d 405 (N.Y. App. Div. 1996)
640 N.Y.S.2d 3

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