Cruz v. City of New York

Full title: MAXIMO CRUZ, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Oct 15, 1996

232 A.D.2d 446 (N.Y. App. Div. 1996)

648 N.Y.S.2d 467

Opinion

October 15, 1996.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated March 29, 1995, which granted the defendant's motion for summary judgment dismissing the complaint.

Before: O'Brien, J. P., Copertino, Santucci and Luciano, JJ.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs contention, the service of a demand by the City of New York for examination pursuant to General Municipal Law § 50-h does not toll the one year and 90-day Statute of Limitations contained in General Municipal Law § 50-i ( see, Lowinger v City of New York, 64 AD2d 888, 889-890; see also, Graber v City of New York, 89 AD2d 598; Astromovich v Huntington School Dist. No. 3, 80 AD2d 628, 629, affd 56 NY2d 634; Joiner v City of New York, 26 AD2d 840).