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VICTORIA CALLY et al., Appellants, v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS, Defendant, and MEDICAL EXAMINER OF THE CITY OF NEW YORK et al., Respondents.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, the Supreme Court properly dismissed their causes of action against the Medical Examiner of the City of New York and the City of New York as time-barred, as those causes of action accrued more than one year and 90 days before the commencement of the action ( see General Municipal Law § 50-i; see generally Bonilla v. Reeves, 49 Misc 2d 273). Moreover, the plaintiffs failed to establish that the conduct complained of constituted a continuing wrong ( cf. Ballen-Stier v. Hahn Hessen, 284 AD2d 263; Shannon v. MTA Metro-N.R.R., 269 AD2d 218).

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CALLY v. N.Y. HOSP. MEDICAL CENTER OF QUEENS
(Jan 31, 2005)