Nicholson v. Warren

Full title: JOHN NICHOLSON et al., Appellants, v. DAVID M. WARREN et al., Respondents

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

Date published: Mar 23, 1998

248 A.D.2d 602 (N.Y. App. Div. 1998)

669 N.Y.S.2d 922

Opinion

March 23, 1998

Appeal from the Supreme Court, Nassau County (Bucaria, J.).

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, the Supreme Court properly denied reinstatement of their previously-dismissed action. General Obligations Law § 11-106 and General Municipal Law § 205-e (3) are not applicable here since the underlying action, which was dismissed by order of the Supreme Court, Nassau County, dated April 4, 1996, was neither commenced on, nor was pending on, October 9, 1996, the effective date of those statutes.

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.