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CRUZ v. CITY OF NEW YORK

232 A.D.2d 446 (1996)

648 N.Y.S.2d 467

Maximo Cruz, Appellant, v. City of New York, Respondent

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

October 15, 1996

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the service of a demand by the City of New York for examination pursuant to General Municipal Law § 50-h does not toll the one year and 90-day Statute of Limitations contained in General Municipal Law § 50-i (see, Lowinger v City of New York, 64 A.D.2d 888, 889-890; see also, Graber v City of New York,

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