The continuous treatment doctrine, like many other changes in the law, was born of difficult facts. The Court of Appeals was faced with an infant’s case against the City of New York where the child had been hospitalized for 16 months, and filed a notice of claim 63 days after discharge. The case had proceeded to verdict and if the strict 90-day limit for notice of claim had been followed, the judgment in favor of the plaintiffs would have been vacated.
Instead, in Borgia v. City of New York, 12 N.Y.2d 151 (1962), the Court of Appeals decided that:
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