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Mercer v. City of Mount Vernon

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 402 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the Supreme Court, Westchester County (Colabella, J.).


Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly dismissed the complaint as untimely inasmuch as the action was not commenced within the applicable Statute of Limitations. Contrary to the plaintiff's contention, the limitations period was not tolled by either the 30-day waiting period found in General Municipal Law § 50-i (1)(b) or the period for an examination of claim found in General Municipal Law § 50-h (see, General Municipal Law § 50-i, [3]; Baez v. New York City Health Hosps. Corp., 80 N.Y.2d 571; Astromovich v. Huntington School Dist. No. 3, 80 A.D.2d 628, affd 56 N.Y.2d 634; Rose v. Metro N. Commuter R.R., 143 A.D.2d 993; Lowinger v. City of New York, 64 A.D.2d 888; Stazio v. County of Albany, 60 A.D.2d 934). O'Brien, J.P., Sullivan, Copertino and Joy, JJ., concur.


Summaries of

Mercer v. City of Mount Vernon

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 402 (N.Y. App. Div. 1996)
Case details for

Mercer v. City of Mount Vernon

Case Details

Full title:FRANKLIN J. MERCER, Appellant, v. CITY OF MOUNT VERNON, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 5, 1996

Citations

224 A.D.2d 402 (N.Y. App. Div. 1996)
637 N.Y.S.2d 474

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