Opinion
2016–12346 Index No. 21142/15
03-21-2018
Clarimundo MOURATO, appellant, v. SUFFOLK COUNTY WATER AUTHORITY, respondent.
Bruce E. Cohen & Associates, P.C., Melville, NY, for appellant. White Fleischner & Fino, LLP, New York, N.Y. (Alisa Dultz of counsel), for respondent.
Bruce E. Cohen & Associates, P.C., Melville, NY, for appellant.
White Fleischner & Fino, LLP, New York, N.Y. (Alisa Dultz of counsel), for respondent.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Pastoressa, J.), dated September 29, 2016, which granted the defendant's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred.
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the statute of limitations was not tolled during the period between the defendant's demand for a hearing pursuant to General Municipal Law § 50–h and that hearing (see Baez v. New York City Health & Hosps. Corp., 80 N.Y.2d 571, 577, 592 N.Y.S.2d 640, 607 N.E.2d 787 ; Mayayev v. Metropolitan Transp. Auth. Bus, 74 A.D.3d 910, 911, 904 N.Y.S.2d 84 ; Mignott v. New York City Health & Hosps. Corp., 250 A.D.2d 165, 171, 680 N.Y.S.2d 565 ). Accordingly, the Supreme Court properly granted the defendant's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred.
MASTRO, J.P., BALKIN, CONNOLLY and CHRISTOPHER, JJ., concur.