Justice Thomas Feinman
Nassau Health Care (NHC) moved for dismissal of plaintiffs’ complaint arguing a failure to comply with General Municipal Law §50-e. The court noted service of a notice of claim was a condition precedent to commencing an action against a public corporation, and must be served within 90 days after a claim arose. Plaintiffs alleged NHC’s employees failed to properly perform a circumcision on their infant son resulting in severe scarring and disfigurement. The court noted plaintiffs failed to demonstrate a reasonable excuse for the delay or that NHC acquired actual knowledge of the essential facts constituting their claim within 90 days after it arose. It stated the mere creation of hospital records was insufficient to establish actual notice of a potential injury. Further, the court ruled the infancy factor, alone, was insufficient to toll the statute of limitations period, stating plaintiffs failed to show the delay was a result of the infancy, rather than due to the infant’s father’s delay in discovering the alleged condition. It noted the child’s pediatrician advised the mother the condition was "normal" and there was no medical explanation regarding why the alleged permanent effects of the injury took so long to become apparent. Hence, dismissal was granted.
