Opinion
March 9, 1998
Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).
Ordered that the order is affirmed, without costs or disbursements.
The plaintiff failed to commence this action within one year after the cause of action accrued, as mandated by McKinney's Unconsolidated Laws of N Y § 7107 (L 1950, ch 301). Because the one-year period in which to commence an action constitutes a condition precedent rather than a mere Statute of Limitations ( see, Lumbermens Mut. Cas. Co. v. Port Auth., 137 A.D.2d 796; Savino v. Demiglia, 133 A.D.2d 389), CPLR 205 (a) is inapplicable ( see, Balzano v. Port of N.Y. Auth., 23 A.D.2d 573).
The Supreme Court properly denied that branch of the defendant's motion which was for the imposition of sanctions. The commencement of this action was not frivolous as that word is defined in 22 NYCRR 130-1.1 (a) ( see, Crandell v. Schutz, 188 A.D.2d 635).
Mangano, P. J., Bracken, Miller and Krausman, JJ., concur.