New York Court of Appeals January 17, 1984 (Giblin v. Nassau County Medical Center)

OPINION OF THE COURT

Wachtler, J.

The common question on these two appeals is whether the Statute of Limitations for municipal tort liability is tolled when the plaintiff applies for permission to file a late notice of claim. In each case Special Term held the statute was tolled, and denied a motion to dismiss, relying on our decision in Barchet v New York City Tr. Auth. (20 NY2d 1).