CRUZ v. CITY OF NEW YORK


302 A.D.2d 553 (2003)

755 N.Y.S.2d 416

ELLIOT CRUZ et al., Plaintiffs, and CELESTINO CARRASQUILLO et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and METROPOLITAN TRANSPORTATION AUTHORITY et al., Appellants.

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

Decided February 24, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the appellants' motion which were to dismiss the complaint insofar as asserted against them on behalf of the plaintiffs Celestino Carrasquillo and Awilda Carrasquillo are granted, and the action against the remaining defendants is severed.

In the instant case, the applicable statute of limitation is one year and 30 days (see Burgess v Long Is. R.R. Auth.,...

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