LE CONTE v. CITY OF NY


129 Misc.2d 719 (1985)

Frantz Le Conte et al., Individually and as Parents and Natural Guardians of Gregory Le Conte, an Infant, Plaintiffs, v. City of New York, Defendant.

Supreme Court, Special Term, Queens County.

September 9, 1985


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Paul F. Clark of counsel), for defendants. Reisler & Silverstein, P. C., for plaintiff.


ALAN LEVINE, J.

This is a motion by defendant City of New York to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the grounds that this action is time barred, or in the alternative, granting summary judgment.

Plaintiff opposes the application and cross-moves for leave to serve a supplemental summons.

This action arises out of a motor vehicle accident which occurred on July 26, 1982 and which plaintiffs allege was caused by a hazardous...

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