DEVON HENRY, &C., ET AL., APPELLANTS, v. CITY OF NEW YORK, RESPONDENT, ET
  AL., DEFENDANTS.

    94 N.Y.2d 275 (1999).
    December 20, 1999

   2 No. 142

   (99 NY Int. 0178)
   Decided December 20, 1999
     _________________________________________________________________

   This opinion is uncorrected and subject to revision before publication
   in the New York Reports.
     _________________________________________________________________

   Michael J. Hutter, for appellants.
   Kathleen Alberton, for respondent.
   New York State Trial Lawyers Association, amicus
   curiae.

   WESLEY, J.:

   The issue before us is whether an infant's action against a
   municipality is time-barred when the infant through a parent or
   guardian timely files a notice of claim pursuant to General
   Municipal Law § 50-e, but fails to commence the action within the one
   year and ninety day limitation period of GeneralMunicipal Law § 50-i.
   We hold that CPLR 208 tolls a Statute of Limitations for the period
   of infancy, and the toll is not terminated by the acts of a guardian
   or legal representative in taking steps to pursue the infant's claim.
   Therefore, the infant plaintiffs" suit against the City of New York in
   this case is not time-barred.

   In February 1993, plaintiff Evon Carmen Henry discovered that her
   three-year-old son Devon had been exposed to lead paint. Five months
   later, Evon received medical confirmation that her other son, Eann (11
   months old), had also been exposed to lead paint. Evon hired an
   attorney and timely filed a notice of claim for each child pursuant to
   General Municipal Law § 50-e. Each claim alleged that the infant
   plaintiff ingested lead paint while living in a City-owned apartment
   and that the City was negligent in the ownership, maintenance and
   control of the apartment.

   In January 1995, plaintiff commenced this action alleging that she had
   timely filed notices of claim for her sons, that the City had