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CAMPBELL v. CITY OF NEW YORK

5 A.D.3d 126 (2004)

771 N.Y.S.2d 893

JOSEPH CAMPBELL, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

March 2, 2004.

It does not avail plaintiff that the action was commenced within six months of the dismissal of another action involving the same occurrence. The six-month toll in CPLR 205 (a) does not apply when the statutory time bar to the commencement of the second action is not a statute of limitations but a condition precedent to suit (Yonkers Contr. Co. v Port Auth. Trans-Hudson Corp., 93 N.Y.2d 375, 378 [1999]). General Municipal Law §...

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