BELLOWS v. COUNTY OF MONTGOMERY


42 A.D.2d 1020 (1973)

Dean Bellows et al., Appellants, v. County of Montgomery, Respondent

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

October 25, 1973


The action, commenced by service of a summons and complaint on January 11, 1971 to recover damages for blasting operations allegedly performed by defendant from September 1 through September 8, 1969, was properly dismissed since it was not commenced within one year and 90 days after the happening of the event upon which the claim was based (General Municipal Law, § 50-i), the tolling provision afforded by CPLR 204 (subd. [a]) being inapplicable here (Rathbun v. Village...

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