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Wilson v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 14, 1991
173 A.D.2d 276 (N.Y. App. Div. 1991)

Summary

dismissing personal injury claim against off-duty police officer where action was brought after one-year-and-ninety-day limitation period and officer was attempting to stop crime in progress when injury occurred

Summary of this case from Singleton v. City of Newburgh

Opinion

May 14, 1991

Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).


In the underlying action, plaintiff sought to recover damages for personal injuries he sustained on June 16, 1984 as a passenger in a taxicab driven by defendant George Addison, an off-duty New York City Police Officer, when the vehicle crashed into a construction site after defendant Addison had exited the vehicle in an effort to apprehend two individuals attempting to break into a parked car.

Upon examination of the record, we find that the IAS court properly dismissed the complaint as against the defendant City and its employee, defendant Addison, as time-barred pursuant to General Municipal Law § 50-i where the action against the defendants was concededly not commenced within one year and ninety days after the event upon which the claim was based (Alifieris v American Airlines, 63 N.Y.2d 370, 374), and where the complaint itself alleged and the record revealed that defendant Addison was, on the date in question, acting within the scope of his employment in his capacity as a member of the New York City Police Department (Bacalokonstantis v Nichols, 141 A.D.2d 482, 483).

We have reviewed the plaintiff's remaining claims and find them to be without merit.

Concur — Carro, J.P., Milonas, Wallach and Kupferman, JJ.


Summaries of

Wilson v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 14, 1991
173 A.D.2d 276 (N.Y. App. Div. 1991)

dismissing personal injury claim against off-duty police officer where action was brought after one-year-and-ninety-day limitation period and officer was attempting to stop crime in progress when injury occurred

Summary of this case from Singleton v. City of Newburgh
Case details for

Wilson v. City of New York

Case Details

Full title:WARREN G. WILSON, Appellant, v. CITY OF NEW YORK et al., Respondents

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

Date published: May 14, 1991

Citations

173 A.D.2d 276 (N.Y. App. Div. 1991)
569 N.Y.S.2d 667

Citing Cases

Wilson v. City of New York

Decided September 19, 1991 Appeal from (1st Dept: 173 A.D.2d 276) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…

Singleton v. City of Newburgh

See N.Y. Gen. Obl. Law § 50-j. See also Wilson v. City of New York, 173 A.D.2d 276, 277, 569 N.Y.S.2d 667,…