Gamble v. City of New York

Full title: MARY GAMBLE, Respondent, v. CITY OF NEW YORK et al., Defendants, and NEW…

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

Date published: Jul 6, 1993

195 A.D.2d 441 (N.Y. App. Div. 1993)

601 N.Y.S.2d 813

Opinion

July 6, 1993

Appeal from the Supreme Court, Kings County (Bernstein, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the applicable one-year period of limitation was tolled by virtue of Public Housing Law § 157 (1), and that when that toll was applied, the plaintiff's service of her complaint was timely (see, Rice v. New York City Hous. Auth., 149 A.D.2d 495; CPLR 204 [a]; 215 ; cf., Burgess v. Long Is. R.R., 79 N.Y.2d 777, 778; Andersen v. Long Is. R.R., 59 N.Y.2d 657; Niemczyk v. Pawlak, 76 A.D.2d 84; Rose v. Metro N. Commuter R.R., 143 A.D.2d 993).

The appellants' remaining contention is without merit. Thompson, J.P., Miller, Santucci and Joy, JJ., concur.