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SCHIAVONE v. CITY OF NEW YORK

92 N.Y.2d 308 (1998)

703 N.E.2d 256

680 N.Y.S.2d 445

James Schiavone, Jr., Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 20, 1998.

Attorney(s) appearing for the Case

Moskowitz, Passman & Edelman, New York City (Jeffrey M. Motelson of counsel), for appellant.

Michael D. Hess, Corporation Counsel of New York City (Barry P. Schwartz, Leonard Koerner and Janet L. Zaleon of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur.

WESLEY, J.

This case requires us to examine the scope of the revival provision of General Municipal Law § 205-e as applied to an action, involving an automobile accident occurring prior to the 1992 amendment to the statute. The lawsuit was not commenced until October 1994. We hold that both the plain language of the statute and its legislative purpose to provide a broad revival remedy support the plaintiff...

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