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Moore v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 2002
291 A.D.2d 386 (N.Y. App. Div. 2002)

Opinion

2001-03001

Argued January 17, 2002.

February 6, 2002.

In an action, inter alia, to recover damages for negligent infliction of emotional distress, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated December 4, 2000, as denied that branch of their motion which was to compel the defendant to provide certain discovery, and granted that branch of the defendant's cross motion which was to dismiss the complaint as time-barred pursuant to General Municipal Law § 50-i.

Steven T. Gee, New York, N.Y., for appellants.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Linda H. Young of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, SANDRA L. TOWNES, JJ.


ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly granted that branch of the defendant's cross motion which was to dismiss the complaint as time-barred. Pursuant to General Municipal Law § 50-i, the one year and 90 day period in which the plaintiffs were required to commence this action, inter alia, to recover damages for negligent infliction of emotional distress against the municipal defendant began to run upon "the happening of the event[s] upon which the claim is based". The events upon which the plaintiffs' claim is based were the misidentification of the decedent's corpse, the unauthorized autopsy, and the burial as a "John Doe", all of which occurred more than one year and 90 days before the action was commenced (see, Jensen v. City of New York, 288 A.D.2d 346 [2d Dept., Nov. 19, 2001]).

The plaintiffs' remaining contention is without merit.

FLORIO, J.P., O'BRIEN, H. MILLER and TOWNES, JJ., concur.


Summaries of

Moore v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 2002
291 A.D.2d 386 (N.Y. App. Div. 2002)
Case details for

Moore v. City of New York

Case Details

Full title:MAJORIE MOORE, ET AL., appellants, v. CITY OF NEW YORK, respondent

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

Date published: Feb 6, 2002

Citations

291 A.D.2d 386 (N.Y. App. Div. 2002)
736 N.Y.S.2d 889

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