GALLOWAY v. NEW YORK CITY POLICE DEPARTMENT


7 A.D.3d 444 (2004)

776 N.Y.S.2d 800

HENRY GALLOWAY, Appellant, v. NEW YORK CITY POLICE DEPARTMENT, Respondent.

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

May 25, 2004.


Even though a notice of claim was timely filed, no complaint was filed or served on the City in the year and 90 days following the alleged personal injury. This statute of limitations (General Municipal Law § 50-i) is strictly construed (DeGradi v Coney Is. Med. Group, 172 A.D.2d 582 [1991], lv denied 78 N.Y.2d 860 [1991]; see also Pierson v City of New York, 56 N.Y.2d 950 [1982...

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