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Smith v. East Ramapo Central School District

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 521 (N.Y. App. Div. 2000)

Opinion

Submitted March 1, 2000.

April 13, 2000.

In an action to recover damages for personal injuries, etc., the plaintiff Ryan Smith appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Murphy, J.), dated May 13, 1999, as granted that branch of the defendant's motion which was to dismiss the action insofar as it was asserted on his behalf on the ground that the action was untimely pursuant to General Municipal Law § 50-i.

Krashes, Ross, Gess Brown, Spring Valley, N.Y. (Donald J. Ross and Raymond T. Mundy of counsel), for appellant.

DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was to dismiss the action insofar as it was asserted on behalf of the plaintiff Ryan Smith is denied, and the complaint is reinstated insofar as asserted on behalf of Ryan Smith.

The complaint must be reinstated insofar as asserted on behalf of the plaintiff Ryan Smith, as during his infancy, CPLR 208 tolled the limitations period of General Municipal Law § 50-i (see, Henry v. City of New York, 94 N.Y.2d 275 ).


Summaries of

Smith v. East Ramapo Central School District

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 521 (N.Y. App. Div. 2000)
Case details for

Smith v. East Ramapo Central School District

Case Details

Full title:RYAN SMITH, appellant, William J. SMITH, et al., plaintiffs, v. EAST…

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

Date published: Apr 13, 2000

Citations

271 A.D.2d 521 (N.Y. App. Div. 2000)
706 N.Y.S.2d 345