PRIEBE v. CITY OF CANANDAIGUA


91 Misc.2d 1047 (1977)

Helen Priebe et al., as Limited Administrators of The Estate of Beth E. Priebe, Deceased, Plaintiffs, v. City of Canandaigua et al., Defendants.

Supreme Court, Ontario County.

November 10, 1977


Attorney(s) appearing for the Case

Faraci, Guadagnino, Lange & Johns (John A. Bryant of counsel), for plaintiffs. Bayer, Dupee & Smith (Scott H. Smith of counsel), for City of Canandaigua, defendant.


EMMETT J. SCHNEPP, J.

The sole question before the court for determination is whether plaintiffs' action for wrongful death was required to be commenced "within one year and ninety days after the happening of the event upon which the claim is based", as provided by subdivision 1 of section 50-i of the General Municipal Law, or "within two years after the decedent's death", as provided by EPTL 5-4.1. The accident...

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