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Werger v. the City of New York

Appellate Division of the Supreme Court of New York, First Department
May 24, 2001
283 A.D.2d 325 (N.Y. App. Div. 2001)

Opinion

May 24, 2001.

Order, Supreme Court, New York County (Michael Stallman, J.), entered November 12, 1999, which, inter alia, granted defendant City of New York's cross motion for summary judgment, severing and dismissing plaintiff's causes of action against defendant City as time-barred, unanimously affirmed, without costs.

Jay L.T. Breakstone, for plaintiff-appellant.

Elizabeth I. Freedman, for defendant-respondent.

Before: Nardelli, J.P., Mazzarelli, Wallach, Lerner, Friedman, JJ.


Plaintiff's complaint as against defendant City was properly dismissed in light of her failure to file her summons and complaint within the one-year ninety-day limitations period imposed by General Municipal Law § 50-I(1)(c) (see, Burrell v. Countrytowne Apt. Partnership, 247 A.D.2d 805; see also, Pleasant Ridge Townhouses Homeowners' Assn., Inc. v. TD Constr. Corp., 181 A.D.2d 761, 762).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Werger v. the City of New York

Appellate Division of the Supreme Court of New York, First Department
May 24, 2001
283 A.D.2d 325 (N.Y. App. Div. 2001)
Case details for

Werger v. the City of New York

Case Details

Full title:HELENE WERGER, Plaintiff-Appellant, v. THE CITY OF NEW YORK…

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

Date published: May 24, 2001

Citations

283 A.D.2d 325 (N.Y. App. Div. 2001)
724 N.Y.S.2d 852

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