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McVan v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 825 (N.Y. App. Div. 1987)

Opinion

February 23, 1987

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


Ordered that the judgment is affirmed, with costs.

The plaintiff failed to serve his complaint in this case within one year and 90 days after the happening of the event upon which this claim is based, i.e., his receipt of erroneous advice from an employee of the defendant City of New Rochelle that his proposed gymnasium was a valid use under the New Rochelle zoning ordinance. Therefore, the Supreme Court, Westchester County, was correct in finding that the plaintiff's action as against the City of New Rochelle was barred by the Statute of Limitations (see, General Municipal Law § 50-i; Klein v. City of Yonkers, 53 N.Y.2d 1011, 1013; Doyle v. 800, Inc., 72 A.D.2d 761, 762). We have considered the plaintiff's other contentions and find them to be without merit. Thompson, J.P., Niehoff, Weinstein and Eiber, JJ., concur.


Summaries of

McVan v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 825 (N.Y. App. Div. 1987)
Case details for

McVan v. City of New Rochelle

Case Details

Full title:MICHAEL McVAN, Appellant, v. CITY OF NEW ROCHELLE, Respondent, et al.…

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

Date published: Feb 23, 1987

Citations

127 A.D.2d 825 (N.Y. App. Div. 1987)

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