Opinion
July 28, 1980
In a wrongful death action, plaintiff appeals from an order of the Supreme Court, Kings County, dated April 9, 1979, which granted defendant's motion to dismiss the complaint for failure to comply with section 50-e Gen. Mun. of the General Municipal Law. Order affirmed, with $50 costs and disbursements. Plaintiff failed to commence her action within the time limitations set forth in section 50-i Gen. Mun. of the General Municipal Law (see Doyle v. 800, Inc., 72 A.D.2d 761; Mikulka v. New York City Tr. Auth., 56 A.D.2d 595; cf. Treib v. County of Dutchess, 56 A.D.2d 866, app dsmd 42 N.Y.2d 824; Forero v. Town of Tuxedo, 51 A.D.2d 443; Erickson v Town of Henderson, 30 A.D.2d 282; contra Priebe v. City of Canandaigua, 91 Misc.2d 1047 ). Accordingly, we affirm the order appealed from. Rabin, J.P., Gulotta, O'Connor and Weinstein, JJ., concur.