ORTIZ v. CITY OF NEW YORK


28 A.D.2d 1098 (1967)

Mario Ortiz, Plaintiff-Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 2, 1967


Order, entered September 28, 1966, dismissing defendant's affirmative defense of the Statute of Limitations, unanimously reversed, on the law, and the motion to dismiss the affirmative defense is denied, with $50 costs and disbursements to appellant.

The action herein was not commenced until October 15, 1965, or one year and 260 days after the accident. As such it was then time-barred by operation of section 50-i of the General Municipal Law which specifically prescribes...

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