Graham v. City of New York

Full title: KIMBERLY GRAHAM, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK…

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

Date published: Dec 13, 1993

199 A.D.2d 304 (N.Y. App. Div. 1993)

604 N.Y.S.2d 973

Opinion

December 13, 1993

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

Ordered that the order is affirmed, without costs or disbursements.

Since the Public Housing Law requires that 30 days must elapse after service of a notice of claim before an action may be commenced (see, Public Housing Law § 157), the Statute of Limitations is tolled during that 30-day period (see, CPLR 204 [a]; Serravillo v New York City Tr. Auth., 51 A.D.2d 1027, affd 42 N.Y.2d 918). Accordingly, the plaintiff's action was timely commenced. Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.