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CAMPBELL v. CITY OF NY

4 N.Y.3d 200 (2005)

825 N.E.2d 121

791 N.Y.S.2d 880

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

Court of Appeals of the State of New York.

Decided February 17, 2005.

Attorney(s) appearing for the Case

John R. Kelligrew, White Plains, for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Mordecai Newman and Larry A. Sonnenshein of counsel), for respondent.

Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur with Chief Judge KAYE; Judge G.B. SMITH dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

The issue before us is whether the year-and-90-day period contained in General Municipal Law § 50-i is a statute of limitations (to which the tolling provision of CPLR 205 [a] applies) or a condition precedent to suit (which is a substantive limitation on the right to sue). We agree with plaintiff that section 50-i sets forth a statute of limitations, not a condition precedent...

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