New York Supreme Court March 31, 2011 (Doe v. Belmare)

OPINION OF THE COURT

Lawrence Knipel, J.

In this action brought to recover damages the court is confronted with an issue of first impression, namely whether the one-year-and-90-day statute of limitations contained in section 7401 of McKinney’s Unconsolidated Laws of NY (New York City Health and Hospitals Corporation Act § 20, as added by L 1969, ch 1016, § 1, as amended) or the three-year statute