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KLEIN v. CITY OF YONKERS

53 N.Y.2d 1011 (1981)

Harry Klein, Appellant, v. City of Yonkers, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1981.

Attorney(s) appearing for the Case

Ellen Lefkowitz for appellant.

Arthur J. Doran, Jr., Corporation Counsel (Howard M. Schupak and Dara M. Kane of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion; Judge MEYER dissents and votes to reverse in an opinion in which Judge FUCHSBERG concurs.

Per Curiam.

Section 50-i of the General Municipal Law requires that an action against a municipality for personal injury or property damage be commenced within one year and 90 days after "the happening of the event upon which the claim is based." In Erickson v Town of Henderson (30 A.D.2d 282), a wrongful death case, this language was held to bar an action commenced more...

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