ZEITLER v. CITY OF ROCHESTER


32 A.D.2d 728 (1969)

Emma N. Zeitler, Appellant, v. City of Rochester et al., Respondents

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

May 15, 1969


Order unanimously reversed, with costs and disbursements, and motion to dismiss complaint as to defendant, City of Rochester, denied.

Memorandum:

The statute (General Municipal Law, § 50-i, subd. 1, par. [c]) provides that an action such as this must be commenced within "one year and ninety days after the happening of the event upon which the claim is based." The pertinent date of the event herein was January 23, 1966. The summons and complaint were timely...

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