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Wilder v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 11, 1993
193 A.D.2d 420 (N.Y. App. Div. 1993)

Summary

In Wilder, NYCHA demanded a pre-action hearing under PHL 157; the hearing was conducted 52 days after plaintiff received the demand for the hearing.

Summary of this case from Murray v. N.Y.C. Hous. Auth.

Opinion

May 11, 1993

Appeal from the Supreme Court, Bronx County (Douglas E. McKeon, J.).


The IAS Court properly concluded that the commencement of the action for false arrest and imprisonment was timely as a result of a statutory stay of commencement. An action under Public Housing Law § 157 incorporates General Municipal Law § 50-h (5), which provides that "[w]here a demand for examination has been served * * * no action shall be commenced * * * unless the claimant has duly complied with such demand for [pre-suit] examination." Under CPLR 204 (a), when the commencement of an action is stayed by such a statutory prohibition, the duration of the stay is not excluded from the period of limitation. Here, plaintiff received a demand for examination on February 27, 1990, and the examination was conducted on April 19, 1990. In light of this 52 day tolling period, service of the summons and complaint 50 days after the 1 year statute of limitations under CPLR 215 (3) would have expired was timely (see, Serravillo v New York City Tr. Auth., 51 A.D.2d 1027, affd 42 N.Y.2d 918). We note also that the proposed cause of action for assault and battery, which the IAS Court denied with leave to replead, was timely under the foregoing analysis.

Concur — Murphy, P.J., Rosenberger, Ross, Asch and Kassal, JJ.


Summaries of

Wilder v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 11, 1993
193 A.D.2d 420 (N.Y. App. Div. 1993)

In Wilder, NYCHA demanded a pre-action hearing under PHL 157; the hearing was conducted 52 days after plaintiff received the demand for the hearing.

Summary of this case from Murray v. N.Y.C. Hous. Auth.
Case details for

Wilder v. City of New York

Case Details

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

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

Date published: May 11, 1993

Citations

193 A.D.2d 420 (N.Y. App. Div. 1993)
597 N.Y.S.2d 352

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